1. Introduction
Welcome to MUTARE MART. These are the terms and conditions governing your access to and use of the website MUTARE MART and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with MUTARE MART (“we”, “us” or “MUTARE MART “) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement
please do not access, register with or use this Site.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and MUTARE MART ‘s Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of MUTARE MART . Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.
2. Eligibility for Membership
MUTARE MART wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of MUTARE MART under this User Agreement or at law, MUTARE MART reserves the right to limit or withdraw access to the Site or the membership of any person if MUTARE MART believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by MUTARE MART . Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
3. Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
- • You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify MUTARE MART of any unauthorised use of your password or account or any other breach of security. In no event
will MUTARE MART be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse MUTARE MART for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
- • You will provide true, accurate, current and complete information about yourself as prompted by MUTARE MART ‘s registration form (the “Registration Data”).MUTARE MART may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or proof of residents.
4. Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. MUTARE MART requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
5. Amendments to this User Agreement
You acknowledge and agree that MUTARE MART shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that MUTARE MART at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
6. Fees and Services
The Site is an online platform allowing the purchase of items.
Membership on the Site is free. MUTARE MART does not charge any fee for browsing the Site.
7. MUTARE MART Payments
The MUTARE MART Payments system means that payment for items on the Site may be made online or partly online through the MUTARE MART payment facilities which MUTARE MART makes available on the Site.
By providing these payment facilities, MUTARE MART is merely facilitating the making of online payments by buyers possible but MUTARE MART is not involved in the process of buying and selling items on the Site.
8. Pricing Policy
All prices are inclusive of VAT (where applicable) at the rate appropriate to the country of receipt, and are correct at the time of entering the information on to the system. Prices may change and offers may be withdrawn at any time.
Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as canceled.
9. Delivery
All goods will be delivered within Zimbabwe via your preferred courier and will require a signature on delivery. If you are out when the courier attempts to deliver your parcel, they will leave a card with a contact number for you to arrange a new delivery date. Proof of identification will be required on delivery. Deliveries are made Monday to Saturday.
We will make every effort to facilitate the delivery of goods within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, extreme weather, a flood or fire. MUTARE MART shall be under no liability for any delay or failure to deliver the products within estimated timescales as we are merely facilitating the process.
The risk of loss and damage of products passes to you on the date when the products are delivered to you. We will notify you of the delivery cost during the checkout period.
We are not able to facilitate delivery for orders outside Zimbabwe. International delivery will be coming soon.
10. Order Cancellation
If, for any reason, you wish to cancel any order you have placed before it has been delivered or been made available for collection you can cancel the order yourself in the My Account section of the website or contact MUTARE MART Customer Service team. As it is our policy to try to process orders immediately it may not always be possible to stop an order from being dispatched. After dispatch, our Returns Policy will apply.
11. Return Policy
Please note that not all products are returnable. Each product will be labeled if our return policy applies or not.
To claim exchange any item you are not completely happy with, contact us through our customer service email or our available phone lines elaborating the product name, receipt number, and reason of return within 48hours of the item being delivered to your nominated address or collected. MUTARE MART will forward the request to the shop the product was purchased. If a return agreement is reached please return items in their original condition, unused, in their original
packaging, with garment tags and any other security devices still attached within 14 days. Please do re-use the delivery packaging provided.
This does not apply to faulty or incorrectly supplied goods where your statutory rights are unaffected.
Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion. Additionally, any complimentary promotional gift given with an order must also be returned if you are returning those goods to which the gift related.
12. Your Information
You grant MUTARE MART a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy. You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.
13. Use of the Site
While using the Site, you will not:
• post Information or content or list items in an inappropriate category or areas on our Site;
• post items you do not have a right to link to or include;
• post items that are concurrently listed for sale on a website other than the Site;
• post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
• post comments, questions or answers that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another’s culture or making any other derogatory or inappropriate comments;
• post counterfeit or stolen items;
• post Information or items which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
• post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
• post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
• post any Information or content or list items that may (in our sole discretion) be considered culturally or religiously offensive in any way;
• post any Information or content or list items that (in our sole discretion) may not be considered to be in compliance with general Zimbabwean law, rules, morals, values, ethics and traditions;
• post Information or content or list items that may (in our sole discretion) threaten national security;
• post Information or content or list items that may (in our sole discretion) constitute or be
considered to promote gambling;
• use “keyword spamming” in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
• attempt to conclude transactions relating to an auction or offer for sale on the Site (including by canceling an auction or offer of sale) outside of the Site;
• use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
• claim an item was not sold when in MUTARE MART ‘s sole discretion the item was sold in accordance with this User Agreement and the Site’s policies;
• manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
• circumvent or manipulate our fee structure, the billing process, or fees owed to MUTARE MART ;
• take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to MUTARE MART );
• transfer your Site account (including feedback) and username to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Site;
• attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
• use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
• claim an item was not sold when in MUTARE MART ‘s sole discretion the item was sold in accordance with this User Agreement and the Site’s policies;
• circumvent or manipulate our fee structure, the billing process, or fees owed to MUTARE MART ;
• manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
• attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
• export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
• violate any laws, rules, regulations, guidelines, third party rights or our policies;
• abuse MUTARE MART’s Shipping Policy, or any of MUTARE MART’s other policies or terms and conditions posted on the Site from time to time.
You undertake, represent and warrant that:
• you are 18 years of age or over the age of 18 years;
• if you are a corporate representative, you have authority to bind the corporate entity;
• you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
• you will inform MUTARE MART of any postings, items or transactions which appear to be in violation of this User Agreement;
• you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
• information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
• you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of MUTARE MART ;
• you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
• you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and
• you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
14. Trademarks
“MUTARE MART “, ‘MUTARE MART .CO.ZW’ and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of MUTARE MART and are protected by trademark and other intellectual property rights and laws. MUTARE MART ‘s trademarks may not be used in connection with any product or service that is not MUTARE MART ‘s or in any manner that disparages or discredits MUTARE MART . All other trademarks not owned by MUTARE MART that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MUTARE MART.
15. Abusing MUTARE MART
Please report problems of any kind or violations of this User Agreement to MUTARE MART. If you believe that your intellectual property rights have been violated, please notify MUTARE MART. Without prejudice to any other rights and remedies of MUTARE MART under this User Agreement or at law, MUTARE MART may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also MUTARE MART can choose to take other
technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
16. Errors or Ommissions
• The Site may include links to third party websites that are controlled by and maintained by others. MUTARE MART cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items
of a destructive nature and you acknowledge and agree that MUTARE MART is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
• When users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and MUTARE MART holds no responsibility in respect of such arrangements.
• MUTARE MART accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• MUTARE MART excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
• You release and indemnify MUTARE MART and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
17. Privacy
MUTARE MART takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. MUTARE MART has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that MUTARE MART may process your personal information that you provide to it for the purposes of providing the services on MUTARE MART and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.
18. Breach of User AgreementWithout prejudice to any other rights and remedies of MUTARE MART under this User Agreement
or at law or otherwise, MUTARE MART may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
• If you breach this User Agreement;
• If MUTARE MART is unable to verify or authenticate any information you provide; or
• If MUTARE MART believes (in its sole discretion) that your actions may cause legal liability for you, other users or MUTARE MART .
MUTARE MART may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with MUTARE MART or use the Site in any manner whatsoever until such time that such user is reinstated by MUTARE MART . Notwithstanding the foregoing, if you breach this User Agreement MUTARE MART reserves the right to recover any amounts due and owing by you to MUTARE MART or any losses and damages caused by you to MUTARE MART and to take such steps including legal action and/or the initiation of criminal proceedings against you as MUTARE MART in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of MUTARE MART ‘s right to take any actions with respect to that, or subsequent
or similar breaches. MUTARE MART does not guarantee that it will take action against all breaches that there may be of this User Agreement.
19. Providing Feedback
MUTARE MART encourages buyers on the Site to provide feedback on each other’s conduct after a transaction has closed. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. MUTARE MART will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of MUTARE MART under this User Agreement or at law, MUTARE MART reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site. You acknowledge and agree that your feedback consists of comments left by other users with whom
you transact and a composite feedback number compiled by MUTARE MART , and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your MUTARE MART feedback rating in any venue other than on the Site. MUTARE MART does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
20. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of MUTARE MART under this User Agreement or at law or otherwise, MUTARE MART may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
21. No Warranty
MUTARE MART provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. MUTARE MART makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. MUTARE MART makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that MUTARE MART has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
22. Limitation of Liabilities
To the extent permitted by law, MUTARE MART , its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not MUTARE MART has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to MUTARE MART, and MUTARE MART shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
23. Indemnity
You agree to indemnify and hold MUTARE MART and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
24. Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and MUTARE MART and you shall have no authority to bind MUTARE MART in any manner whatsoever.
Except as explicitly stated otherwise, any notices to MUTARE MART from you shall be given by you by email to MUTARE MART with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by MUTARE MART by return email. Any notices to you from MUTARE MART shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
25. Disputes
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation,validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of
thirty (30) calendar days commencing on the date that a party first sends to the other party written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved in Zimbabwean Courts.
26. Transfer of Rights and Obligations
You hereby grant MUTARE MART the right to, and irrevocably acknowledge and agree that MUTARE MART may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. MUTARE MART agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written
consent of MUTARE MART , transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of MUTARE MART .
27. General
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and MUTARE MART with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
28. Governing Law
This User Agreement is governed by, and construed in accordance with, Zimbabwean law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
