TERMS AND CONDITIONS

Table of Contents

1. Introduction

1.1 OVERVIEW

This website is operated by Ngozi Kulture. Throughout the site, the terms “we”, “us” and “our” refer to Ngozi Kulture. Ngozi Kulture offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1.2 These general terms and conditions shall apply to buyers on the online store and shall govern your use and related services.

1.3 By using our online store, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our online store.

2. Registration and Account

2.1 You may not register with our online store if you are under 18 years of age (by using our online store or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

2.2 If you register for an account with our online store, you will be asked to provide your Name (as per the government-issued Identification document), an email address/user ID and password and you agree to:

     2.2.1 keep your password confidential;

     2.2.2 notify us in writing immediately (using our contact details provided on the contact page) if you become aware of any disclosure of your password; and

     2.2.3 be responsible for any activity on our online store arising out of any failure to keep your password confidential, and you acknowledge that you may be held liable for any losses arising out of such a failure.

2.3 Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

2.4 We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same. Visit the Refunds page for further information about refunds.

2.5 You may cancel your account on our online store by contacting us as provided on the contact page.

3. Terms and Conditions of Sale

3.1 You acknowledge and agree that:

     3.1.1 the online store provides an online location for buyers to purchase products.

3.2 Subject to these general terms and conditions, the terms of business shall govern the contract for sale and purchase between us and the buyer.

     3.2.1 the price for a product will be as stated in the relevant product listing;

     3.2.2 the price for the product will comply with applicable laws in force from time to time;

     3.2.3 delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, where applicable, will only be payable by the buyer if this is expressly and clearly stated in the product listing;

     3.2.4 products will be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by us to the buyer.

4. Returns and Refunds

4.1 Returns of products by buyers and acceptance of returned products shall be managed by us in accordance with the returns page on the online store, 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.

4.2 We may offer refunds, in our discretion:

     4.2.1 in respect of the product price;

     4.2.2 in respect of local and/or international shipping fees; and

     4.2.3 by way of mobile money transfer, bank transfers or such other methods as we may determine from time to time.

4.3 Returned products shall be accepted and refunds issued by Ngozi Kulture.

4.4 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.

5. Payments

5.1 You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the online store

6. Rules About Your Content

6.1 In these general terms and conditions, “your content” means:

     6.1.1 all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our online store for storage or publication, processing by, or onward transmission; and

     6.1.2 all communications on the online store, including product reviews, feedback and comments.

6.2 Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.

6.3 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:

     6.3.1 be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

     6.3.2 depict violence in an explicit, graphic or gratuitous manner; or

     6.3.3 be blasphemous, in breach of racial or religious hatred or discrimination legislation;

     6.3.4 be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

     6.3.5 cause annoyance, inconvenience or needless anxiety to any person; or

     6.3.6 constitute spam

6.4 Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

     6.4.1 any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

     6.4.2 any right of confidence, right of privacy or right under data protection legislation;

     6.4.3 any contractual obligation owed to any person; or

     6.4.4 any court order.

6.5 You must not use our online store to link to any website or web page consisting of or containing material that would, were it posted on our online store, breach the provisions of these general terms and conditions.

6.6 You must not submit to our online store any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

6.7 The review function on the online store may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.

6.8 You must not interfere with a transaction by: (i) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer or item; or (ii) contacting another user with the intent to collect any payments

6.9 We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

6.10 If you learn of any unlawful material or activity on our online store, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided on the contact page.

7. Rules About Your Content

7.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content on our online store, and across our marketing channels and any existing or future media.

7.2 You grant to us the right to sub-license the rights licensed under section 7.1.

7.3 You grant to us the right to bring an action for infringement of the rights licensed under section 7.1.

7.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

7.5 Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

8. Use of Website

8.1 In this section 8, words “online store” and “website” shall be used interchangeably to refer to Ngozi Kulture’s website.

8.2 You may:

8.2.1 view pages from our website in a web browser;

8.2.2 download pages from our website for caching in a web browser;

8.2.3 print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

8.2.4 stream audio and video files from our website using the media player on our website; and

8.2.5 use our online store services by means of a web browser,

subject to the other provisions of these general terms and conditions.

8.3 Except as expressly permitted by section 8.2 or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.

8.4 You may only use our website for your own personal and business purposes in respect of purchasing products on the online store.

8.5 Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.

8.6 Unless you own or control the relevant rights in the material, you must not:

8.6.1 republish material from our website (including republication on another website);

8.6.2 sell, rent or sub-license material from our website;

8.6.3 show any material from our website in public;

8.6.4 exploit material from our website for a commercial purpose; or

8.6.5 redistribute material from our website.

8.7 Notwithstanding section 8.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

8.8 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

8.9 You must not:

8.9.1 use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

8.9.2 use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

8.9.3 hack or otherwise tamper with our website;

8.9.4 probe, scan or test the vulnerability of our website without our permission;

8.9.5 circumvent any authentication or security systems or processes on or relating to our website;

8.9.6 use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

8.9.7 impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

8.9.8 decrypt or decipher any communications sent by or to our website without our permission;

8.9.9 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

8.9.10 access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

8.9.11 use our website except by means of our public interfaces;

8.9.12 violate the directives set out in the robots.txt file for our website;

8.9.13 use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

8.9.14 do anything that interferes with the normal use of our website.

9. Copyright and Trademarks

9.1 Subject to the express provisions of these general terms and conditions:

9.1.1 we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

9.1.2 all the copyright and other intellectual property rights in our website and the material on our website are reserved.

9.2 Ngozi Kulture’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

9.3 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

10. Data Privacy

10.1 Buyers agree to processing of their personal data in accordance with the terms of Ngozi Kulture’s Privacy Policy and Cookie Notice.

10.2 Ngozi Kulture shall process all personal data obtained through the online store and related services in accordance with the terms of our Privacy Policy and Cookie Notice.

11. Due Diligence and Audit Rights

11.1 We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the online store.

12. Ngozi Kulture's Role as an Online Store

12.1 You acknowledge that:

12.1.1 Ngozi Kulture facilitates an online store for buyers and Ngozi Kulture, where Ngozi Kulture is the seller of a product;

12.1.2 in the event that there is an issue arising from the purchase of a product on the online store, the buyer should seek recourse of the product by contacting Ngozi Kulture by filling the form on the contact page or sending an email to support@ngozi.store.

12.2 We commit to ensure that Ngozi Kulture submit information relating to their products on the online store that is complete, accurate and up to date and pursuant thereto:

12.2.1 warrants and represents the completeness and accuracy of their information published on our online store relating to the products;

12.2.2 warrants and represents that the material on the online store is up to date; and

12.2.3 if a buyer has a complaint relating to the accuracy or completeness of the product information received from us, the buyer can seek recourse of the product by contacting Ngozi Kulture by filling the form on the contact page or sending an email to support@ngozi.store.

12.3 We do not warrant or represent that the online store will operate without fault; or that the online store or any service on the online store will remain available during the occurrence of events beyond Ngozi Kulture’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 online store; 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.

12.4 We reserve the right to discontinue or alter any or all of our online store services, and to stop publishing our online store, 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 online store services, or if we stop publishing the online store. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of Ngozi Kulture.

12.5 If we discontinue or alter any or all of our online store in circumstances not relating to force majeure, we will provide prior notice to the buyers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of Ngozi Kulture.

12.6 We do not guarantee any commercial results concerning the use of the online store.

12.7 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our online store and the use of our online store.

13. Limitations and Exclusions of Liability

13.1 In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

13.2 Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the online store shall constitute a separate contract for the purpose of this section 13.2.

13.3 We will not be liable to you for any loss or damage of any nature, including in respect of:

13.3.1 any losses occasioned by any interruption or dysfunction to the website;

13.3.2 any losses arising out of any event or events beyond our reasonable control;

13.3.3 any loss or corruption of any data, database or software; or

13.3.4 any special, indirect or consequential loss or damage.

13.4 Our online store includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Indemnification

14. 1 You hereby indemnify us, and undertake to keep us indemnified, against:

14.1.1 any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our online store or any breach by you of any provision of these general terms and conditions or the Ngozi Kulture codes, policies or guidelines.

15. Breaches of These General Terms and Conditions

15. 1 If we permit the registration of an account on our online store it will remain open indefinitely, subject to these general terms and conditions.

15.2 If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Ngozi Kulture codes, policies or guidelines in any way we may:

15.2.1 temporarily suspend your access to our online store;

15.2.2 permanently prohibit you from accessing our online store;

15.2.3 block computers using your IP address from accessing our online store;

15.2.4 contact any or all of your internet service providers and request that they block your access to our online store;

15.2.5 suspend or delete your account on our online store; and/or

15.2.6 commence legal action against you.

15.3 Where we suspend, prohibit or block your access to our online store or a part of our online store you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

16. Entire Agreement

16.1 These general terms and conditions and the Ngozi Kulture codes, policies and guidelines shall constitute the entire agreement between you and us in relation to your use of our online store and shall supersede all previous agreements between you and us in relation to your use of our online store.

17. Hierarchy

17.1 Should these general terms and conditions, and the Ngozi Kulture codes, policies and guidelines be in conflict, these terms and conditions, and the Ngozi Kulture codes, policies and guidelines shall prevail in the order here stated.

18. Variation

18.1 We may revise these general terms and conditions, and the Ngozi Kulture codes, policies and guidelines from time to time.

18.2 The revised general terms and conditions shall apply from the date of publication on the online store.

19. No Waiver

19.1 No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.

20. Severability

20.1 If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect

20.2 If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. Assignment

21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

22. Third-party Rights

22.1 A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

22.2 The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

23. Law and Jurisdiction

23.1 These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

23.2 Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

24. Our Business Details And Notices

24.1 You can contact us by filling the contact form on our contact page.

24.2 You may contact us for after-sales queries, including any disputes by filling the form on the contact page or sending an email to support@ngozi.store.

24.3 You consent to receive notices electronically from us. We may provide all communications and information related to your use of the online store in electronic format, either by posting to our website or application, or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.