TERMS OF SALE

(kikuuboonline.com)

 

Table of Contents

 

BACKGROUND:1

1.Definitions and Interpretation.2

2.Information About Us. 2

3.How to Contact Us. 2

4.Access to Our Site and Use of Our Site.2

5.Changes to these Terms of Sale.3

7.International Customers. 3

8.Goods, Descriptions, and Changes.3

9.Pricing.3

10.Orders and How Contracts Are Formed.4

11.No part of Our Site constitutes a contractual offer capable of acceptance. 4

12.Payment. 5

13.When You Own the Goods.5

14.Delivery.5

15.Cancelling the Order and the Contract.6

16.Returning Goods After Cancelling and Ending the Contract.7

17.Refunds.7

18.Our Liability to Consumers.8

19.Complaints and Feedback. 8

20.How We Use Your Personal Information.8

21.What Happens if We Transfer this Agreement to Another Party.8

22.Other Important Terms. 8

23.Law and Jurisdiction.9

 

 

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, kikuuboonline.com (“Our Site”).

These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

These Terms of Sale were last updated on 25th May 2021 .

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:

•          Our Terms of Use, available at www.kikuuboonline.com , apply to your use of Our Site.

 

•          Our Privacy Policy, available at www.kikuuboonline.com. This is also referred to below in Part 20.

 

1.     Definitions and Interpretation

 

1.1  In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”	means a contract for the purchase and sale of Goods, as explained in Part 10;
“Contact Tools”	means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;]
“Goods”	means the goods sold by Us through Our Site;
“Order”	means your order for Goods
“Order Confirmation”	means Our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order; and
“We/Us/Our”	means Pusha Online Ltd P.O Box 70516, Plot 15, Enterprise Road, Ntinda Industrial Area Kampala, Uganda.
“Our Site”	Means the website www.kikuuboonline.com and it will include a desktop website and any mobile application developed by Us.

 

1.2  Unless the context otherwise requires, each reference in these Terms of Sale to:

1.2.1          “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2          a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3          a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

 

2.     Information About Us

 

2.1   Our Site is operated by Pusha Online Ltd. We are a limited company registered in Uganda under company number 80020001117435. Our registered address is P.O Box 70516, Plot 15, Enterprise Road, Ntinda Industrial Area Kampala, Uganda.

2.2   Our TIN number is 1013752737.

 

3.     How to Contact Us

3.1        To contact Us with general questions or complaints by email, please email Us at inquiries@kikuuboonline.com to contact Us by telephone, please call Us on 0800271900 and to contact Us by post, please write to Us at P.O Box 70516, Kampala, Uganda.

3.2        To contact Us about the Goods or your Order by email, please email Us at inquiries@kikuuboonline.com to contact Us by telephone, please call Us on 0800271900 and to contact Us by post, please write to Us at P.O Box 70516, Kampala, Uganda.

3.3        To contact Us about cancellations by email, please email Us at inquiries@kikuuboonline.com to contact Us by telephone, please call Us on 0800271900 and to contact Us by post, please write to Us at P.O Box 70516, Kampala, Uganda.

 

4.     Access to Our Site and Use of Our Site

4.1   Access to Our Site is free of charge.

4.2   It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3   Use of Our Site is subject to Our Website Terms of Use, available at www.kikuuboonline.com. Please ensure that you have read them carefully, that you understand them, and that you agree to them.

 

5.     Changes to these Terms of Sale

 

5.1   We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. It is recommended that you review these Terms of Sale periodically.

 

6.     Business Customers and Individual Consumers

 

6.1   These Terms of Sale apply to business customers and Individual consumers.

 

6.2   These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

7        International Customers

 

7.1   Please note that We currently only deliver within the Greater Kampala area, including parts of Wakiso, Mukono and Entebbe.

 

8        Goods, Descriptions, and Changes

 

8.1   We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:

8.1.1          Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;

8.1.2          Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; and

8.1.3          Due to the nature of [certain] Goods, there may be a variance of up to 2% in weight or capacity between the actual Goods and the description.

8.2   Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.

 

8.3   Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.

9        Pricing

 

9.1   We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.

 

9.2   All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

9.3   All prices are checked before We accept your Order. If We have shown incorrect pricing information, we will inform you of the mistake in writing.

9.3.1          If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

9.3.2          If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 24 hours on a working day. We will treat your Order as cancelled and inform you of the cancellation in writing.

 

9.4   If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

 

9.5   Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process.

 

10        Orders and How Contracts Are Formed

 

10.1            Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it so as to:

10.1.1       Review the entire electronic transaction;

10.1.2       Correct any mistakes; and

10.1.3       Withdraw from the transaction before placing an order.

 

10.2            If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.

 

If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

 

If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

 

We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

 

11        No part of Our Site constitutes a contractual offer capable of acceptance.

 

11.1            Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

11.2            Order Confirmations contain the following information:

a)        Your Order Number;

b)       Confirmation of the Goods ordered including full details of their main characteristics; and

c)        Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges.

 

11.3            We may also include a paper copy of your Order Confirmation with your Goods.

11.4            Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

11.5            In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.

11.6            We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.

 

12        Payment

 

   12.1         Payment for Goods and related delivery charges must always be made in advance in cash when the delivery is made. If paying by Mobile Money or Debit/ Credit card You will be prompted to provide payment details during the ordering process.

   12.2         We will not charge your chosen payment method until We dispatch the Goods.

   12.3         We accept the following methods of payment:

Cash on Delivery, Mobile Money and Debit / credit card

13        When You Own the Goods

 

13.1            Ownership of the Goods passes to you once We have received payment in full of all sums due.

 

14        Delivery

 

14.1  Currently we only deliver Orders for Goods within the Greater Kampala area, including parts of Wakiso, Mukono and Entebbe.

 

14.2  All Goods purchased through Our Site will be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

 

14.3  We will not be responsible or liable for any delay, omission, or failure to deliver Goods as per your Order and the time frames given in any Order are estimates. By accepting these Terms of Sale you irrevocably agree not to hold us responsible for any delay, omission or failure to deliver goods other than what has been expressly set out under the Terms of Sale and Terms of Use Terms of Use if any such delay, omission or failure is wholly or partly caused, whether directly or indirectly by circumstances beyond our control.

14.4  If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.

14.5  If you are collecting the Goods from Us instead of having them delivered to you, they can be collected during Our business hours of 8pm to 4pm On Monday to Saturday.

14.6  If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be left at your place of delivery, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.

14.7  If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions.

We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

14.8  In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you may treat the Contract as being at an end immediately.

 

14.9  If you do not wish to cancel under Part 14.7 you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

14.10   Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

14.11   If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection.

14.12   Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.

14.13   As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

 

15.        Cancelling the Order and the Contract

       15.1       If you are a consumer, the Electronic Transactions Act 2011 gives you the legal right to change your mind and end the Contract for any reason. This 7-calendar day “cooling-off period” begins either:

15.1.1       Once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below; OR

15.1.2       From the date of delivery of the Goods.

 

       15.2       If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.

       15.3       Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

 

       15.4       Please note that this right to cancel shall not apply, whether you are a Business user or an Individual user, and any payment made is not refundable in the following circumstances:

15.4.1       If the Goods are foodstuff, beverages, disposable Goods, foils and packing, personal care and toiletry products, stationery, pet food, toilet and tissue paper and other daily household products or other goods intended for everyday consumption.

15.4.2       If the Goods are used for health or hygiene reasons.

15.4.3       If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them.

15.4.4       If the Goods have been personalised or custom-made for you.

15.4.5       If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

15.4.6       Good are sold by way of an auction.

 

16.        Returning Goods After Cancelling and Ending the Contract.

 

       16.1       Subject to your right to cancel your Order under Part 15.4, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 to arrange for delivery or collection.

 

       16.2       If you are exercising your right to change your mind under the cooling-off period as set out in Part 14, you must return the Goods to Us no more than 7 calendar days after the day on which you informed Us that you wish to cancel.

       16.3       If you are returning the Goods to Us in person instead of posting them or having them collected, they can be returned during Our business hours of 8pm to 4pm on Monday o Saturday ( which is not a public holiday in Uganda).

 

       16.4       We will only cover the costs of returning the Goods to Us in the event the Goods are proved to be faulty.

 

       16.5       In all other circumstances, including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.

 

       16.6       If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.

 

17.        Refunds

 

       17.1       All refunds due to you will be made using the same method used by you when paying for the Goods or it can be credited in your e-wallet. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

17.1.1       If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.

17.1.2       Standard delivery charges will be refunded, but we do not reimburse premium delivery charges.

 

       17.2       All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within Thirty (30) calendar days of:

17.2.1       The day on which We receive the returned Goods; or

17.2.2       If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

 

18.        Our Liability to Consumers

       18.1       We will not be responsible for any loss or damage that is not foreseeable.

       18.2       We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

 

19.        Complaints and Feedback

       19.1       We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint using our contact details in Part 3.

 

20.        How We Use Your Personal Information

 

       21.1       We will only use your personal information as set out in Our Privacy Policy, available from (www.kikuuboonline.com).

 

21.        What Happens if We Transfer this Agreement to Another Party

 

       21.1       We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business).

 

22.        Other Important Terms

 

       22.1       You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

 

       22.2       The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

       22.3       If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

       22.4       No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

 

23.        Law and Jurisdiction

 

       23.1       These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, law of the Republic of Uganda.

       23.2       If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the Republic of Uganda.

       23.3       If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the Republic of Uganda.

 

 

 

 

 

 

 

TERMS OF USE

 

Table of Contents

1.Definitions and Interpretation.1

2.Information About Us.2

3.How to Contact Us.2

4.Access to Our Site.2

5.Changes to Our Site.3

6.Changes to these Terms of Use.3

7.Accounts.3

8.International Users.4

9.How You May Use Our Site and Content (Intellectual Property).4

10.Links to Our Site.4

11.Links to Other Sites.4

12.Disclaimers.5

13.Our Liability.5

14.Viruses, Malware, and Security.5

15.Acceptable Usage of Our Site.5

16.How We Use Your Personal Information.6

17.Communications from Us.6

18.What Happens if We Transfer this Agreement to Another Party. 6

19.Law and Jurisdiction.6

 

 

Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, www.kikuuboonline.com (“Our Site”). It is recommended that you print a copy of these Terms of Use for your future reference.

These Terms of Use were last updated on 25th May 2021

Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.

The following documents may also apply to your use of Our Site:

•          Our Privacy Policy, available at [www.kikuuboonline.com]. This is also referred to below in Part 16.

 

•          If you purchase goods from Us, Our Terms of Sale, available at [www.kikuuboonline.com], will apply to the sale. These terms are also referred to below in Parts 12 and 13.

 

1.     Definitions and Interpretation

        1.1        In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”	means an account required to access certain features on Our Site, as set out in Part 7;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User”	means a user of Our Site;
“We/Us/Our”	means Pusha Online Limited P.O Box 70516, Plot 15, Enterprise Road, Ntinda Industrial Area Kampala, Uganda.
“Our Site”	Means the website www.kikuuboonline.com and it will include any desktop website and any mobile application developed by Us.

 

2.     Information About Us

 

        2.1        Our Site is operated by Pusha Online Ltd. We are a limited company registered in Uganda under company number 80020001117435. Our registered address is P.O Box 70516, Plot 15, Enterprise Road, Ntinda Industrial Area Kampala, Uganda.

        2.2        Our TIN number is 1013752737.

3.     How to Contact Us

 

3.1    To contact Us by email, please email Us inquiries@kikuuboonline.com and to contact Us by telephone, please call Us on 0800271900.

 

3.2    When using contacting Us by any other means the following rules apply, and you must not communicate, submit, or otherwise do anything that:

3.1.1          is sexually explicit;

3.1.2          in any way sexualises minors (including, but not limited to, child sexual abuse material);

3.1.3          is obscene, deliberately offensive, hateful, or otherwise inflammatory;

3.1.4          promotes violence;

3.1.5          promotes, encourages, incites, or supports acts of terrorism;

3.1.6          promotes or assists in any form of unlawful activity;

3.1.7          is defamatory of another person;

3.1.8          bullies, insults, intimidates, or humiliates another person;

3.1.9      discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;

3.1.10       is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

3.1.11       is calculated or otherwise likely to deceive;

3.1.12      is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;

3.1.13       misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive

3.1.14       implies any form of affiliation with Us or any other party where there is none;

3.1.15      infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;

3.1.16       is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.

 

3.2       Any personal information sent to Us, will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from [www.kikuuboonline.com].

 

4.     Access to Our Site

 

4.1   Access to Our Site is free of charge.

4.2   It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3   Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.

 

5.     Changes to Our Site

5.1 We may alter and update Our Site (or any part of it) at any time. If We make any significant alterations to Our Site (or any part of it), it will be brought to your attention when you login to Our Site after the alteration or update has taken place. It is recommended that you review these Terms of Use periodically.

6.     Changes to these Terms of Use

 

        6.1        We may alter these Terms of Use at any time. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented and you will be asked to review and accept the changes. You are advised to check this page every time you use Our Site.

        6.2        If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

7.     Accounts

 

        7.1        Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.

        7.2       Only Users aged 18 or over may create an Account. If you are under the age of 18 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you, and you may only use the Account with their supervision. We accept no responsibility in the event of any loss or damage to any person under the age of 18 by use of Our Site in contravention of the Terms of Sale, Terms of Use and Privacy Policy.  

        7.3        When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.

       7.4        We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

        7.5        It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please [change your password immediately by resetting the password or  contact Us using the details above in Part 3.

        7.6        You must not use another person’s Account without their permission.

        7.7        All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from [www.kikuuboonline.com].

        7.8        If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy, available from [www.kikuuboonline.com].

        7.9        Subject to our Privacy Policy and applicable laws and regulations, if you delete your Account, any content that you have shared on Our Site may also be deleted.

      7.10       We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use.

 

8.     International Users

        8.1        Our Site is intended for individual and business consumers in the Republic of Uganda only as set our in our Terms of Sale. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

 

9.     How You May Use Our Site and Content (Intellectual Property)

 

        9.1        All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable the Republic of Uganda and international intellectual property laws and treaties.

        9.2        You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

        9.3        You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

        9.4        You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable.

        9.5        Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.

 

10.     Links to Our Site

 

      10.1       You may only link to the homepage of Our Site.Linking to other pages on Our Site requires Our express written permission.

     10.2       Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

      10.3       You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

      10.4       Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.

      10.5       You must not frame or embed Our Site on another website without Our express written permission.

      10.6       You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

 

11.     Links to Other Sites

 

      11.1       Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

      11.2       The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

 

12.     Disclaimers

 

      12.1       Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.

      12.2       We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale, available at [www.kikuuboonline.com]for more information.

      12.3       If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

 

13.     Our Liability

 

      13.1       The provisions of this Part 13 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale, available at [www.kikuuboonline.com].

      13.2       If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

      13.3       If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

 

14.     Viruses, Malware, and Security

 

      14.1       We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

      14.2       You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

      14.3       You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

      14.4       You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

      14.5       You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

 

15.     Acceptable Usage of Our Site

 

      15.1       You may only use Our Site in a lawful manner:

15.1.1       You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;

15.1.2       You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and

15.1.3       You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

 

      15.2       If you fail to comply with the provisions of this Part 15, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:

15.2.1       Suspend or terminate your right to use Our Site;

15.2.2       Issue you with a written warning;

15.2.3       Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

15.2.4       Take further legal action against you, as appropriate;

15.2.5       Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

15.2.6       Any other actions which We deem reasonably appropriate (and lawful).

 

      15.3       We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 15.3) in response to your breach.

 

16.     How We Use Your Personal Information

      16.1       We will only use your personal information as set out in Our Privacy Policy, available from [www.kikuuboonline.com]

 

17.     Communications from Us

 

      17.1       If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.

      17.2   We may send you marketing emails and communication, but you may, by notice in writing to us, request us to stop sending you marketing communication and we will act upon your request within 14 days from the date of receiving your request. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 14 days for your request to take effect and you may continue to receive emails during that time.

      17.3       For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

 

18.     What Happens if We Transfer this Agreement to Another Party

 

      18.1       We may transfer (assign) Our obligations and rights under these Terms of Use (and the Contract) to a third party (this may happen, for example, if We sell Our business).

 

19.     Law and Jurisdiction

 

      19.1       These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, law of the Republic of Uganda.

      19.2      If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the Republic of Uganda.

      19.3       If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the Republic of Uganda.