ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the PhiloMart website is available only to persons who can form legally binding contracts under Tanzanian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of PhiloMart and shall not transact or use PhiloMart website. As a minor if you wish to use or transact on PhiloMart, such use or transaction may be made by your legal guardian or parents who have registered as users of PhiloMart. PhiloMart reserves the right to terminate your membership and refuse to provide you with access to PhiloMart if it is brought to PhiloMart’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use our website or send emails or other data, information or communication to PhiloMart, You agree and understand that You are communicating with PhiloMart through electronic records and You consent to receive communications via electronic records from PhiloMart periodically. PhiloMart may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on PhiloMart is free. PhiloMart does not charge any fee for browsing and purchases on PhiloMart. However,PhiloMart reserves the right to charge a fee and change its policies from time to time. In particular, PhiloMart may at its sole discretion introduce new services and modify some or all of the existing services offered on PhiloMart. In such an event PhiloMart reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on PhiloMart. Unless otherwise stated, all fees shall be quoted in Tanzanian Shillings. You shall be solely responsible for compliance of all applicable laws including those in Tanzania for making payments to PhiloMart.
Use of PhiloMart Website
You agree, undertake and confirm that your use of PhiloMart shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which you do not have any right;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Solicits gambling or engages in any gambling activity which PhiloMart, in its sole discretion, believes is or could be construed as being illegal;
- Interferes with another user’s use and enjoyment of PhiloMart website or any other individual’s user and enjoyment of similar services;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defense, security or sovereignty of The United Republic of Tanzania, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. PhiloMart reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of PhiloMart website, or any other systems or networks connected to PhiloMart website or to any PhiloMart’s server, computer, network, or to any of the services offered on or through PhiloMart Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of PhiloMart website or any network connected to PhiloMart website nor breach the security or authentication measures on PhiloMart website or any network connected to PhiloMart Website.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.
- You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
- You shall not lift (i.e. copy and paste) images of products you want to sell on PhiloMart from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify PhiloMart of any third party claim thereon.
- You understand that PhiloMart has the right at all times to disclose any information (including the identity of the persons providing information or materials on the PhiloMart Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON OUR WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of PhiloMart. In no event shall PhiloMart assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on PhiloMart. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PhiloMart, 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. PhiloMart 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 PhiloMart.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on PhiloMart and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of PhiloMart, and that the recipient may use such information to harass or injure you. PhiloMart does not approve of such unauthorized uses but by using the PhiloMart Website you acknowledge and agree that PhiloMart is not responsible for the use of any personal information that you publicly disclose or share with others on PhiloMart. Please carefully select the type of information that you publicly disclose or share with others on PhiloMart.
PhiloMart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on PhiloMart is owned, controlled or licensed by or to PhiloMart, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on PhiloMart products and services purposely made available by PhiloMart for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
PhiloMart does not take responsibility or liability for the actions, products, content and services on PhiloMart website, which are linked to Affiliates and / or third-party websites using PhiloMart APIs or otherwise. In addition, PhiloMart may provide links to the third-party websites of affiliated companies and certain other businesses for which, PhiloMart assumes no responsibility for examining or evaluating the products and services offered by them, and PhiloMart does not warrant the offerings of, any of these businesses or individuals or the content of such third-party website(s). PhiloMart does not in any way endorse any third-party website(s) or content thereof
PhiloMart welcomes links to this site. You may establish a hypertext link to PhiloMart website, provided that the link does not state or imply any sponsorship or endorsement of your site by PhiloMart. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on PhiloMart, including any logos or characters, without the express written consent of PhiloMart and the owner of the mark or materials. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the PhiloMart website without PhiloMart’s prior written consent.
Information submitted may be made available to PhiloMart partners who can in turn use it for verification purposes
Mandatory Declaration – Computers
- You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
Disclaimer of Warranties and Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on PhiloMart on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, PhiloMart does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
PhiloMart will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, PhiloMart website.
PhiloMart does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through PhiloMart website; their servers; or electronic communication sent from PhiloMart are free of viruses or other harmful components.
All the products sold on PhiloMart are governed by different state laws and if PhiloMart is unable to deliver such products due to implications of different state laws, PhiloMart will return or will give credit for the amount received by PhiloMart from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on PhiloMart. By registering your phone number with us, you consent to be contacted by PhiloMartvia phone calls and / or SMS notifications, in case of any order or delivery related updates. PhiloMartwill not use your personal information to initiate any promotional phone calls or SMS’.
Warranties, Exclusions and Limitation of Liability- (Enlisted Merchants Goods and Services)
Unless expressly given in writing, PhiloMart does not make any representations nor give warranties or guarantees of any nature whatsoever whether express or implied in respect of merchants and their goods and services once you initiate communication with a merchant privately off PhiloMart’s website including but not limited to you’re the character of merchant, implied warranties of the merchantability and fitness or suitability of the merchant’s goods and services for any intended purpose.
PhiloMart shall not be liable to you or any third party for any loss, fraud or damage which you or such third party may suffer or incur as a consequence of initiating the transaction irrespective of whether such loss or damage is direct, special, incidental, consequential or otherwise unless such loss is directly attributed to the fraudulent intent of PhiloMart.
Notwithstanding any other provisions of this agreement, PhiloMart’s liability to you and or any third party for any loss or damages of any nature whatsoever, including without limitation any damage or loss specifically proven by a competent court to be caused by PhiloMart shall in any event and under all circumstances be limited to the cost of the goods transacted.
While availing any of the payment method/s offered at PhiloMart, PhiloMart will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
- Any payment issues arising out of the transaction, or
All payments made against the purchases/services on PhiloMart by you shall be compulsorily in Tanzanian Shillings acceptable by the Central Bank of Tanzania. PhiloMart does not accept any other form of currency with respect to the purchases made on PhiloMart.
Without limiting other remedies, PhiloMart may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to PhiloMart website in the event, but not limited to:
- If PhiloMart is unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other Users or PhiloMart. PhiloMart may at any time at its sole discretion reinstate suspended users.
- Trademark, Copyright and Restriction
This site is controlled and operated by PhiloMart. All materials on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on PhiloMart web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- Copyright Complaint
We at PhiloMart respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org.
- Risk of Loss
All items purchased from PhiloMart are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with PhiloMart until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.
- Product and Service Description
PhiloMart tries to be as accurate as possible. However, PhiloMart does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on PhiloMart itself is not as described, your sole remedy is to return it in unused condition.
- Pricing/Typographical error
If PhiloMart comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, PhiloMart shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
- Cancellation of order
PhiloMart reserves the right to cancel any order without any explanation for doing so, under situation where PhiloMart is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the PhiloMart policy or for any reason. However, PhiloMart will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
- Termination of Service
PhiloMart reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that PhiloMart will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
- Limitation of Liability
IN NO EVENT SHALL PHILOMART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF PHILOMART HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. PHILOMART AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HERE FROM, RELATED OR CONNECTED TO OUR GOODS AND SERVICES IS AT PHILOMART’s SOLE DISCRETION.
- Other Terms and Conditions
Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on PhiloMart in order to conduct transactions, including but not limited to;
- Merchants who sell Goods on PhiloMart.
- Merchants who offer Services on PhiloMart.
- Firms/Organizations who choose to advertise on PhiloMart’s website (i.e. Advertisers, either on a trade by barter basis with PhiloMart or on a strictly Advertisement service level)
Are hereby governed by the Terms and Conditions here in.
ADVERTISING -Advertising Services offered by PhiloMart include but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of PhiloMart via different means (i.e. SMS messages or e-mails).
Please note that all your purchases are either directly from PhiloMart if the item is “Sold by PhiloMart”, or from a Merchant in the event the goods or services are offered by the Merchant. In light of the above, goods or services sold by a Merchant are strictly redeemable from Merchants while those sold by PhiloMart are redeemable from PhiloMart.
Once again please note that upon completion and submission of your electronic order on the PhiloMart website, you are simply making an offer to purchase goods which, if accepted by us, will result in a binding contract. In light of this, there will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. We therefore may decline to supply the goods to you at any point in time without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us. ALL TERMS HERE IN APPLY TO ALL MERCHANTS WHO SELL ON ‘PHILOMART’ WEBSITE.
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