Welcome to the www.lukiko.com website and/or the Lukiko mobile app. Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services.
By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services. Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only.
You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
A breach of this provision may be an offence under the Computer Crime Act B.E. 2550 (2007) of Tanzania. If you are below 20 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for:
- your actions;
- any charges associated with your use of any of the Services or purchase of Products; and
- your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
- Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.
- General use of the Services and access of the Platform
2.1Guidelines to the use of the Platform and the Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Platform or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or the Services; and
(g) use the Platform or the Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws. (h) create and/or use more than one Customer’s and/or any Lukiko user’s account on the Platform and/or the Services.
2.3 Availability of the Platform and the Services: We may, from time to time and without giving any reason or prior notice
- Use of the Services
- Application of this Clause: In addition to all other terms and conditions of this Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.
- Restrictions: Use of the Services is limited to authorized Customers who are of legal age and have the legal capacity to enter into and form contracts under any applicable law. The Customers who have breached or are in breach of the terms and conditions contained herein and the Customers who have been permanently or temporarily suspended from using any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
- General terms of use: You agree: (a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and (b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and not violate any applicable law. You also agree to take sole responsibility for such information and data.
- Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
- Prices of Products: All Listing Prices are subject to taxes unless explicitly stated otherwise. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
- Third-Party Vendors: You acknowledge that parties other than Lukiko (i.e. Third Party Vendors) list and sell their Products on the Platform. The information regarding whether a particular Product is listed for sale on the Platform by Lukiko or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer and also subjected to the Terms and Conditions of Sale.
- Customers with Lukiko accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require the creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have a reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating. The notice will be deemed to be processed by us seven (7) business days after the receipt of such notice.
4.2 Biometric Login Service: If your device supports fingerprint or facial recognition features, you may be able to set up these as your verification methods and use your fingerprint or face identification registered on a permitted mobile device in lieu of your Username and/or Password, or one-time pin (OTP) as a security code to confirm your identity to access the Platform and/or use of the Services (“Biometric Login”). You acknowledge that the use of Biometric Login is entirely at your own risk.
4.3 Payment for the Products:
4.4 Payment for the Products: You shall make payment for the Products in accordance with the payment methods specified on the Platform, including any additional charges for delivery or other services that you may choose to purchase.
4.5 Acceptance of Payment: Payment will be deemed to have been received by us only when we have received cleared funds in respect of the full amount outstanding in relation to the Products and the Services (including any applicable taxes and delivery charges).
4.6 Return of Products: You may return the Products and request a refund in accordance with our Return Policy. Our Return Policy is available on the Platform and may be amended by us from time to time.
4.7 Order Cancellation: We reserve the right to cancel any order placed by you if we have reason to believe that you have breached any of the terms and conditions of this Terms of Use or any applicable law.
4.8 Risk of Loss: Risk of loss for the Products shall pass to you upon delivery of the Products to you.
4.9 Product Warranty: We warrant that the Products will conform to their description on the Platform. We will, at our option, replace or refund the price of any Product that is not as described on the Platform.
4.10 Intellectual Property: You acknowledge that all intellectual property rights in the Products and the Platform (including the Services and the software underlying the Platform and the Services) are owned by us or our licensors. You may not, and shall not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software or the Services. You agree to use the Services and the Platform only for the purposes that are permitted by
(a) this Terms of Use; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- User-generated content
- User-generated content: The Platform may include interactive features such as customer reviews, ratings, comments, and other user-generated content (“User-generated Content”) that allows Customers to post, submit, publish, display or transmit to other Customers or other persons (hereinafter, “post”) content or materials (including, without limitation, text, user names, audio and visual recordings, photographs, images, or other content) on or through the Platform.
- Responsibility for User-generated Content: You are solely responsible for the User-generated Content that you post on the Platform. We do not endorse any User-generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User-generated Content.
- Prohibited User-generated Content: You may not post or transmit to other Customers or other persons any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing racist, hateful, or otherwise illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
- Monitoring User-generated Content: We have the right, but not the obligation, to monitor and edit or remove any User-generated Content. We take no responsibility and assume no liability for any User-generated Content posted by you or any third party.
- Disclaimers and Limitations of Liability
6.1 Disclaimers: The Platform and the Services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform. You expressly agree that your use of the Platform is at your sole risk.
- Limitation of Liability: To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of the Platform or the Services, including, but not limited to, indirect, incidental, punitive, and consequential damages.
7. Hyperlinks, Alerts, and Advertising
7.1 Hyperlinks: To make your experience more convenient, we may provide links to other websites or internet content owned or operated by third parties. These linked websites or content are not under our control, and we are not responsible for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in the contents, or the consequences of accessing any linked website. Any links to other websites or content are not an endorsement or verification of such websites or content. You agree that accessing or using such linked websites or content is entirely at your own risk.
- Advertising: We may place banners, java applets, and other materials on the Platform for the purpose of advertising our products and/or services, or those of our Third Party Vendors. You will not be entitled to receive any payment, fee, or commission in relation to any such advertising or promotional materials.
8. Your Submissions and Information
8.1 By submitting materials or information to the Platform or providing them to us, you grant us a non-exclusive license to use such materials or information, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username in connection with such review, comment, or other content. You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We reserve the right to publish, remove, or edit your Submissions at our discretion.
- By providing us with your information, including Personal Data, you consent to receive informational and promotional e-mails from us. You may opt out of receiving promotional e-mails at any time by clicking on the appropriate link in the e-mail.
- You acknowledge that you have read and agree to our Privacy Policy, and consent to our collection, use, and disclosure of your Personal Data as described in the Privacy Policy
- Indemnification
- Indemnification: You agree to indemnify, defend and hold us, our affiliates, and our and their respective officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Use or the documents it incorporates by reference or your violation of any law or the rights of a third party.
- Miscellaneous
- Governing Law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of Tanzania.
11. Termination of Use
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- Termination by us: At our discretion, we reserve the right to immediately terminate your use of the Platform and/or Services and/or disable your username and password without notice. Access to the Platform and/or Services may be barred for any reason, including but not limited to a violation of these Terms of Use or if we believe you have acted in conflict with any of the terms and conditions outlined here. We also reserve the right to discontinue providing the services related to the Platform if it is deemed inappropriate by us or any regulatory authority.
- Termination by you: You may terminate these Terms of Use by providing us with written notice seven (7) days in advance.
12 Notice
12.1 Notices from us: Any notifications or other forms of communication from us may be given through print or electronic media at our discretion and will be considered received on the date of publication or broadcast. Notifications sent via post or left at your last known address will be considered received on the following day of posting or the day it was left.
12.2 Notices from you: You may provide notice to us in writing, sent to our designated address or email address at 23111 Mwanama, Munga st. Arusha Tanzania or at www.lukiko.com/contact. We will be considered to have received such notice upon receipt. While we make efforts to respond promptly to notices from you, we cannot guarantee a consistent response time.
12.3 Other Methods of Notice: In addition to Clauses 12.1 and 12.2, we may, from time to time, designate other acceptable methods of giving notice, including but not limited to email or other forms of electronic communication, and the time or event by which such notice will be considered given.
12.4. Dispute Resolution: Any dispute arising out of or in connection with this Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Tanzania International Arbitration Centre (“TIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of arbitration shall be Tanzania and the language of the arbitration shall be English. 12.5. Entire Agreement: This Terms of Use constitutes the entire agreement between you and us regarding the use of the Platform and the Services.
12.6. Waiver: Our failure to enforce any right or provision in this Terms of Use shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing.
12.7. Severability: If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
12.8. Headings: The headings and subheadings contained in this Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of this Terms of Use.
12.9. Contact Us: If you have any questions or concerns regarding this Terms of Use, please contact us at [email protected].
By using the Platform and the Services, you are agreeing to be bound by this Terms of Use, including the additional specific terms and conditions governing your use of the Services outlined in Clause
If you do not agree to these terms and conditions, do not use the Platform or the Services.