Terms and Conditions
IMPORTANT NOTE: As well as reading the following Terms of Conditions, to which you have agreed by using this Site, you should also refer to the terms and conditions, shipping and handling and returns policies of each individual Vendor on their profile or product pages before making any order.
In these Terms of Conditions, the following expressions have the following meanings:
“Affiliate”; an entity that provides third party PR, marketing and introduction services to customers on a referral or white label basis and remunerated via commission
“Agreement”; an agreement between (i) a Vendor and or Curator and (ii) Moto Soko Marketplace.
“Computer”; a device used for accessing digital information including but not limited to desktops, laptops, tablets, mobile phones and other connected devices.
“Customer”; an entity that acts in the capacity of a purchaser
“Personally Information”; (or “PI”); information from which the identity of a living individual may be determined. This may include, first and last name, home or other physical address, unencrypted email address, phone number or other contact information.
“Service(s)”; access and use of our sales channels and vendor admin dashboard.
“Partner”; an entity that sells on our sites
“Usage Data”; non-Personal Information collected or created by the use of the Service.
“User” of “You”; anyone who interacts with our website, including but not limited to, Vendors and buyers.
“Us”, “Our” or “We”; Refer to Moko Soko Marketplace, our agents and our Partners.
“Vendor”; an entity that offers physical products, downloadable products, tickets or services for sale via Moto Soko Marketplace sales channels
“Vendor Admin Panel”; the login-protected web portal that may be accessed by Vendors to provide them with, among other things, access to Vendor account, product and order management tools
ACCEPTANCE OF TERMS
We may update these Terms of Conditions, and the documents referred to within them, from time to time as well as other aspects of the Service We provide. You should review the Terms of Conditions periodically for any changes. By using our Services, you agree to be bound by these Terms of Conditions. If you do not agree to these Terms of Conditions, then please do not use the Services or any part of them.
- About us
Moto Soko Marketplace is operated by White Orchids Groups based in the United Kingdom. Further information can be obtained by writing to us; firstname.lastname@example.org
- Accessing our Service
We permit access to Our Services on a temporary basis, and We reserve the right to withdraw or amend the Services we provide without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these Customer Terms of Conditions.
It is your responsibility to ensure that all information you provide on Our site, including your name and address, is at all times correct and accurate. We reserve the right to restricts accounts of customers who provide false information.
- Intellectual property rights
We own, or are the licensee to, all rights, title and interest in and to the Services we provide. This includes all rights under patent, copyright, trade secret or trademark law, as well as any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Under Our Terms of Conditions, You agree not to not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from Our Services.
You must not extract or otherwise use any content on Our Site and/or Services for commercial purposes without first obtaining written permissions or a licence to do so from us or our licensors. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us; email@example.com
- Description of Our service
Purchase of physical products, downloadable products and / or services on Our Site and Services will result in a legal contract between You and the Vendor. The contract shall comprise of these Terms of Conditions, the email confirmation of your order and the applicable details on the product page. You agree to be bound by all such provisions. You are bound to review carefully Our Terms of Conditions, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms of Conditions and the email confirmation of your order or the applicable details on the product page, these Terms of Conditions shall prevail to the extent of the conflict or inconsistency.
Although carefully verified all Vendor products, services and reputation We cannot give any undertaking, that the goods and / or services you purchase from Vendors through the Site will be of satisfactory quality. This and any other such warranties, whether express or implied, are absolutely disclaimed by Us to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Vendor. Where goods are ordered and/or services through the Site we will disclose your customer information related to that transaction to the Vendor.
We do not review or control, and are not responsible in any way for listings provided by Our Vendors and at no time do We possess any items offered for sale by Vendors through Our Services.
- Disclaimer of Warranties and limitation of liability
(i) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(ii) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(iii) Nothing in these Terms of Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- How contracts are formed between you and Vendors
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to Our Terms of Conditions and the applicable terms and details on the Vendors product page.
No order shall be deemed to be accepted by the Vendor until We, acting as the commercial agent of the Vendor, issue an email acknowledgement of order. The contract between You and a Vendor will relate only to those goods and/or services notified in the email acknowledgement of order.
- Payment methods
Purchases for goods and/or services you make with Vendors may only be paid for using the payment methods we make available from time to time through our payment facilities. You acknowledge that these Terms of Conditions, and/or any transaction made by you via Our Services, do not create or imply any partnership, joint venture or trust relationship between Us, You and/or the Vendor.
You can pay using Paypal and all major credit cards. Mobile payments and cash on delivery or collections can be arranged between buyers and sellers. The law governing these transactions will be covered by the Uganda Sales of Goods and Supply of Services Act 2017, (Sale of Goods and Supply of Services Act, 2017.pdf (ulii.org)
- Refusal of transaction
We may refuse to process a transaction for any reason, or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
- Delivery arrangements
Your shopping basket on Our Site displays the goods you have chosen, the Vendor who shall provide them and details of postage and packing. The delivery costs for each Vendor may vary according to the delivery methods they offer. Any delivery times quoted are in working days.
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact the Vendor directly using the contact vendor facility on the Vendor shop page, or contact Us directly. Any returns or refunds shall be made by the Seller in accordance with Our Refund Policy – Some items are non-returnable: Perishable products. All images used are for illustrative purposes, thus delivered produce visuals will vary. But the quality of the delivery will be better.
You may link to pages of Our Site, either directly or via Social Media, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to revoke any rights granted in this clause for breach of these Terms of Conditions and to take any action deemed appropriate
You may make social media posts on Your social media accounts so long as this links to the original content.
We reserve the right to withdraw linking permission at any time.
Our Site provides links to other websites for your information. If you use these links, you will leave Our Site. You recognise that We are unable to fully review such third-party websites and We have no control over such sites or resources. We therefore neither endorse nor make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to Our Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
- Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third-parties any such material for any purpose. We also have the right to disclose a user’s identity to any third-party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third-party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
- Reviews and Ratings
You may leave reviews (“Reviews”) for a Vendors product or service. You may also rate the product using the provided rating system (“Ratings”). You agree to complete any Reviews and Ratings honestly, based upon your experience in using the Vendors products or services.
As a Vendor, you acknowledge and accept that your product’s Rating and Review will be publicly available for viewing on Our Site.
We are not responsible for checking or editing the Reviews or Ratings on Our Site, but will from time to time undertake checks of any content posted. If we come across any reviews which, in our absolute discretion, are illegal, defamatory, offensive or obscene then we reserve the right to immediately remove such posts without notice.
We will investigate any Review or Rating which is reported to us as being illegal, defamatory, offensive or obscene and take whatever action we deem reasonably necessary in relation that Review or Rating in a timely and fair manner.
You agree to indemnify and hold Us, our Vendors and Our Affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third-party, arising out of or in connection with any Reviews or Ratings left by you on Our Site.
- Viruses, hacking and other offences
You must not misuse our Site or any part of Our Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act (1990). We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms of Conditions, or if we fail to exercise any of the rights or remedies to which We are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these Terms of Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these Terms of Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Force majeure
Where we or a Vendor are prevented from or delayed in carrying out obligations under these Terms of Conditions due to circumstances beyond the reasonable control of Us or Our Vendors including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either Our or Our Vendor’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
- Rights of Third Parties
- Law and jurisdiction
Contracts for the purchase of goods or services through Our Site or Our App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.