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Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Mnadani's use of cookies in accordance with the terms of Mnadani's privacy policy.
License to use website
Unless otherwise stated, Mnadani platform and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or any content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- redistribute material from this website [except for content specifically and expressly made available for redistribution.
[Where content is specifically made available for redistribution, it may only be redistributed within Mnadani platform.]
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this 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.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent from the website owner.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without Mnadani owner's express written consent.]
[Restricted access
[Access to certain areas of this website is restricted.] Mnadani platform reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Mnadani's discretion.
If Mnadani platform provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[Mnadani platform may disable your user ID and password in Mnadani's sole discretion without notice or explanation.]
[User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Mnadani platform a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Mnadani platform the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Mnadani platform or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
[Mnadani platform reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
[Notwithstanding Mnadani's rights under these terms and conditions in relation to user content, Mnadani platform does not
undertake to monitor the submission of such content to, or the publication of such content on, this website.]
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Mnadani platform makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Mnadani platform does not warrant that:
l this website will be constantly available, or available at all; or
l the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
[Mnadani platform will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
l [to the extent that the website is provided free-of-charge, for any direct loss;]
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mnadani platform has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Mnadani's liability in respect of any:
l death or personal injury caused by user's negligence;
l fraud or fraudulent misrepresentation on the part of Mnadani platform; or
l matter which it would be illegal or unlawful for Mnadani platform to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
[You accept that, as a limited liability entity, Mnadani platform has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Mnadani's officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Mnadani's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mnadani platform.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You agree to indemnify and hold Mnadani platform, and its parent company, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, or your violation of any rights of another.
General Practices Regarding Use And Storage
You agree that Mnadani platform has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Mnadani platform reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications To Service
Mnadani platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mnadani platform shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
You agree that Mnadani platform in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Mnadani platform believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. You agree that any termination of your access to the Service under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that Lostings, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Mnadani platform shall not be liable to you or any third-party for any termination of your access to the Service.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mnadani platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Mnadani platform has no control over such sites and resources, you acknowledge and agree that Mnadani platform is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mnadani platform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Fees
When you list an item you have an opportunity to review and accept the fees that you will be charged [should you elect to use a Premium Service in conjunction with our listing services]. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Tanzania shilling. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. There are no refunds. All sales are final. If you have any further concerns regarding a refund, please contact us at [email protected]
Security
Each person is responsible for his or her own safety and in taking reasonable precautions to ensure his or her own safety. Please use caution and common sense when using our site. Please note that there are risks of dealing with people acting under false pretense. Do not, under any circumstances, send money to any person requesting payment to deriver products or service, Keep things local. Meet the Seller in person, check the item and make sure you are satisfied with it before you make a payment, Exchange items and payment at the same time. DO NOT make any payments before receiving an item.
Breaches of these terms and conditions
Without prejudice to Mnadani's other rights under these terms and conditions, if you breach these terms and conditions in any way, Mnadani platform may take such action as Mnadani deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Mnadani platform may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Mnadani platform may transfer, sub-contract or otherwise deal with Mnadani's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these 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. If any unlawful and/or unenforceable provision 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.
Entire agreement
These terms and conditions , together with Privacy Policy, constitute the entire agreement between you and Mnadani platform in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with government law of Tanzania, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Tanzania.