Terms & Conditions

Kwickshop.co.tz terms of use

1.       Introduction
Welcome to Kwickshop.co.tz. These are the terms and conditions governing your access to and use of the website kwickshop.co.tz and its related sub-domains, sites, mobile application, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with PS kwickshop ("we", "us" or "Kwickshop.co.tz") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. 
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Kwickshop.co.tz's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Kwickshop.co.tz. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

2.       Eligibility for Membership
Kwickshop.co.tz wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Kwickshop.co.tz under this User Agreement or at law, Kwickshop.co.tz reserves the right to limit or withdraw access to the Site or the membership of any person if Kwickshop.co.tz believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Kwickshop.co.tz. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

3.      Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:

·         You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Kwickshop.co.tz of any un-authorized use of your password or account or any other breach of security. In no event will Kwickshop.co.tz be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Kwickshop.co.tz for any improper, un-authorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.

·         You will provide true, accurate, current and complete information about yourself as prompted by Kwickshop.co.tz's registration form (the "Registration Data").

·         You will not include: 
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "kwickshop" in your registration user ID.

·         Your store name shall not include the word "kwickshop".

·         You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Site) by Kwickshop.co.tz or any other user as confidential.

·         You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Kwickshop.co.tz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Kwickshop.co.tz under this User Agreement or at law, Kwickshop.co.tz has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

Kwickshop.co.tz may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Kwickshop.co.tz upon such requests. You acknowledge and agree that if you do not, Kwickshop.co.tz without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

4.       Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Kwickshop.co.tz requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

5.       Amendments to this User Agreement
You acknowledge and agree that Kwickshop.co.tz shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Kwickshop.co.tz at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

6.       Fees and Services
Kwickshop.co.tz is neither an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between us and buyers. 
Membership on the Site is free. Kwickshop.co.tz does not charge any fee for browsing, bidding and buying listed items on the Site.

7.       KwickshopSafePay
The KwickshopSafePay system means that payment for items on the Site may be made online or partly online through mobile money, card ,theKwickshop.co.tz payment facilities called "KwickWallet" or Cash On Delivery ("COD") (or other payment methods which Kwickshop.co.tz may make available on the Site from time to time) . 

8.       Your Information
You grant Kwickshop.co.tz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

9.       Use of the Site
While using the Site, you will not:

·         use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);

·         claim an item was not sold when in Kwickshop.co.tz's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;

·         manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);

10.      Copyright
All content included on the Site/App including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Kwickshop.co.tz, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Kwickshop.co.tz and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

2.       Trademarks
"Kwickshop.co.tz" and related logos, and other words and logos on the Site (including without limitation "KwickWallet" and "KwickshopSafePay") are either unregistered trademarks or registered trademarks of Kwickshop.co.tz and are protected by international trademark and other intellectual property rights and laws. Kwickshop.co.tz's trademarks may not be used in connection with any product or service that is not Kwickshop.co.tz'snor in any manner that disparages or discredits Kwickshop.co.tz. All other trademarks not owned by Kwickshop.co.tz that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kwickshop.co.tz.

3.       Abusing Kwickshop.co.tz
Please report problems of any kind or violations of this User Agreement to Kwickshop.co.tz. If you believe that your intellectual property rights have been violated, please notify Kwickshop.co.tz. Without prejudice to any other rights and remedies of Kwickshop.co.tz under this User Agreement or at law, Kwickshop.co.tz may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Kwickshop.co.tz can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

                 Privacy
                          Kwickshop.co.tz takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your      

                personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium   

                and the privacy of your personal information can never be guaranteed. Kwickshop.co.tz has no control over the practices of third parties (e.g.

                website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that Kwickshop.co.tz may process

                your personal information that you provide to it for the purposes of providing the services on Kwickshop.co.tz and for sending marketing

                communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally

                identifiable information.

                Breach of User Agreement
                          Without prejudice to any other rights and remedies of Kwickshop.co.tz under this User Agreement or at law or otherwise, Kwickshop.co.tz may

                immediately and without liability: limit your activity, close your account, warn other users of your actions, temporarily / indefinitely suspend, limit

                or withdraw your membership, and/or limit or withdraw your access to the Site:

                If you breach this User Agreement;

                If Kwickshop.co.tz is unable to verify or authenticate any information you provide; or

                If Kwickshop.co.tz believes (in its sole discretion) that your actions may cause legal liability for you, other users or Kwickshop.co.tz.

Kwickshop.co.tz may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Kwickshop.co.tz or use the Site in any manner whatsoever until such time that such user is reinstated by Kwickshop.co.tz. Notwithstanding the foregoing, if you breach this User Agreement Kwickshop.co.tz reserves the right to recover any amounts due and owing by you to Kwickshop.co.tz or any losses and damages caused by you to Kwickshop.co.tz and to take such steps including legal action and/or the initiation of criminal proceedings against you as Kwickshop.co.tz in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Kwickshop.co.tz's right to take any actions with respect to that, or subsequent or similar breaches. Kwickshop.co.tz does not guarantee that it will take action against all breaches that there may be of this User Agreement.

                No Warranty
                          Kwickshop.co.tz provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and

                without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness

                for a particular purpose, compatibility, security, accuracy and non-infringement. Kwickshop.co.tz makes no representations or warranties about

                the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through

                the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Kwickshop.co.tz makes no warranty that defects will

                be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet

                communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be

                unavailable from time to time due to repairs, maintenance or development work. You agree that Kwickshop.co.tz has no obligation to provide

                support for the Site. You expressly agree that you use the Site at your own risk.

                Limitation of Liabilities
                          To the extent permitted by law, Kwickshop.co.tz, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or      

                damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for

                loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its

                services or this User Agreement (however arising, including negligence or otherwise and whether or not Kwickshop.co.tz has been advised of

                the possibility of such losses or damages). If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is

                to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or

                omission would result in irreparable injury to Kwickshop.co.tz and Kwickshop.co.tz shall treat any such unauthorized use as subject to the

                terms and conditions of this User Agreement.

                Indemnity
                          You agree to indemnify and hold Kwickshop.co.tz and its affiliates, officers, employees, agents and suppliers harmless from any and all claims,

                demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever

                suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

                Relationship and Notice
                          None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Kwickshop.co.tz and

                you shall have no authority to bind Kwickshop.co.tz in any manner whatsoever. Except as explicitly stated otherwise, any notices to

                Kwickshop.co.tz from you shall be given by you by email to Kwickshop.co.tz at legal@Kwickshop.co.tz with a physical copy sent to us by mail

                or courier, such notice deemed given on confirmation of its receipt to you by Kwickshop.co.tz by return email. Any notices to you from   

                Kwickshop.co.tz shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process

                and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid

                shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of

                mailing.

                Disputes
                          If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection

                with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance,

                interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this

                User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith

                negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the

                Dispute. In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period,

                the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration

                Rules of the EA International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be

                incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole

                arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days

                from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole

                arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be EA International Financial Centre in Nairobi,

                Kenya. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of

                this clause are without prejudice to the right of Kwickshop.co.tz to seek interim relief at any time from any court of competent jurisdiction

                (whether or not an arbitrator has been appointed) and Kwickshop.co.tz shall not be deemed to have breached this arbitration agreement or

                infringed the powers of the arbitrator for having done so.

                Transfer of Rights and Obligations
                          You hereby grant Kwickshop.co.tz the right to, and irrevocably acknowledge and agree that Kwickshop.co.tz may at any time, transfer all or

                any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without

                requiring your further specific agreement. Kwickshop.co.tz agrees to use all reasonable endeavours to provide notice to you of any transfer by

                way of a posting on the Site. You may not at any time, without the prior written consent of Kwickshop.co.tz, transfer all or any part of your

                rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of

                Kwickshop.co.tz.

                General
                          If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable

                and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from

                time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and

                Kwickshop.co.tz with respect to the subject matter hereof. No person who is not a party to this User Agreement shall have any right to enforce

                any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise,

                the English text shall prevail.

                Governing Law
                          This User Agreement is governed by, and construed in accordance with, United Republic of Tanzania law. This clause will survive any expiry    

                or cancellation of this User Agreement for any reason.

                Warranty legal terms and conditions
                          The warranty is valid only on the presence of serial no.of the product. Kwickshop.co.tz reserves the right to refuse warranty if this information  

                has been removed or changed after the original purchase of the product from the dealer. Obligations are limited to repair of the defect or

                replacement the defective part or at its discretion replacement or refund according to market price of the product itself. Warranty repairs must

                be carried out by a Kwickshop.co.tz Authorized Service Centre. Warranty cover will be void, even if a repair has been attempted by any

                unauthorized service centre. Kwickshop.co.tz shall not be liable for reimbursements,claims and damages that may result from the

                unauthorized repair of the product. Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the

                warranty period. Repair or direct replacement of the product under the terms of this warranty may be full filled with functionally equivalent

service exchange units. The warranty is not applicable to cases other than defects in material, design and workmanship. 

                The warranty does not cover the following:

·         Periodic checks, maintenance, repair and replacement of parts due to normal wear and tear, replacement of consumables such as batteries, light bulbs, fuses, antennas, headphones, microphones, cables and recording heads.

·         Abuse or misuse, including but not solely limited to the failure to use this product for its normal purposes or in accordance with Kwickshop.co.tz's instructions on usage and maintenance. Defects resulting from usage of the product in conjunction with accessories that are not approved by Kwickshop.co.tz for use with this product.

·         Failure of the product arising from incorrect installation or use not consistent with the instructions and technical or safety standards prescribed in the product user manual. Accidents, Acts of God, lightning, water, fire, public disturbances, improper ventilation, voltage fluctuations or any cause beyond the control of Kwickshop.co.tz.

·         Unauthorized modifications carried out to the product in order to comply with local or international technical standards in countries for which this Kwickshop.co.tz product was not originally designed.

·         Damage of the battery caused by overcharging or failure to use in accordance with the specific instructions of core outlined in the product user manual. The serial no. on the product has been altered, deleted, removed or made illegible.

·         The batteries are charged by chargers other than those approved by Manufacturer. Any of the seals on the battery enclosure or cells are broken or show evidence of tampering.

·         This warranty is not transferable. This warranty will be the purchaser’s sole and exclusive remedy and neither Kwickshop.co.tz nor its service centres listed in this warranty document shall be liable for any incidental or consequential damages or breach of any express or implied warranty of this product. DISCLAIMER: Kwickshop.co.tz shall not be liable for the loss of any saved/stored data in products that are either repaired or replaced.

                 Extended warranty legal terms and conditions

·         Mechanical or Electrical Breakdown – What is Covered 
If a covered item breaks down during the Policy Period, we will reimburse the cost of repairing it. If the covered Item proves impossible or uneconomic to repair, we will reimburse the cost of replacing it.

·         Mechanical or Electrical Breakdown – What is Not Covered 
- Mechanical or electrical breakdown covered by manufacturer’s recall of the covered Item.
- Existing manufacturer’s warranty active on the product. Wear and tear or gradual deterioration of performance.

·         Damage (Accidental/Liquid/Cracked screen) - What is Covered 
If the covered item suffers damage including liquid damage caused by the covered item being in contact with any liquid through spillages, damp conditions, and natural weather conditions and leaking batteries during the Policy Period, we will reimburse the cost of repair. If it is not possible or economic to repair up to the value mentioned within your Policy, we will reimburse the cost of replacing the covered item. 

·         Damage - What is Not Covered 
- Mechanical or electrical breakdown covered by manufacturer’s recall of the covered Item.
- Existing manufacturer’s warranty active on the product. Wear and tear or gradual deterioration of performance.
Damage caused by:
- You or a member of your family deliberately damaging or neglecting the Covered Item. 
- The covered item being used by someone else other than you or a member of your family;
- Failure to follow the manufacturer’s instructions
- Cosmetic damage
- Routine servicing, inspection, maintenance, dismantling or cleaning of the covered item

·         Policy Limits - Applicable to All Policies 
The maximum amount we will reimburse for repair or reimbursement of a covered item is if the cost of repair falls within the range of the purchase price of the product. In the case of reimbursement of goods, a depreciation scale will be used against the product which is based on when the claim was been reported. 

·         The depreciation scale is as follows: 
0-12 months – 0% (100% of product value is payable)
12months and 1 day - 24 months – 30% (70% of product value is payable)

Terms & Conditions