Please read these terms and conditions carefully and make sure that you understand them before ordering any goods or services from the Site. By streaming, downloading or ordering any of the goods or services on the Site, you are deemed to have accepted and agree to be bound by these terms and conditions. You may wish to print a copy of these terms and conditions for future reference.
All rights including the content of these Malo UG web pages including all design, text, photographs, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on this website (the “Website”) are owned or controlled by Hyper Route Technologies and its affiliates, or their content and technology providers.
- Hyper Route Technologies (“Malo UG” or “we”) operates an e-commerce platform consisting of a website and mobile application (“marketplace”), together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Uganda (“territory”).
- These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.
- By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.
- If you use our marketplace in the course of a business or other organizational project, then by so doing you:
- confirm that you have obtained the necessary authority to agree to these general terms and conditions;
- bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
- agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
- Registration and account
- You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
- You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.
- You represent and warrant that all information provided in the registration form is complete and accurate.
- If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:
- keep your password confidential;
- notify us in writing immediately (using our contact details provided at section 23) if you become aware of any disclosure of your password; and
- be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
- Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
- We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
- You may cancel your account on our marketplace by contacting us as provided at section 23.
- Terms and conditions of sale
- You acknowledge and agree that:
- the marketplace provides an online location for sellers to sell and buyers to purchase products;
- we shall accept binding sales, on behalf of sellers, but Malo UG is not a party to the transaction between the seller and the buyer; and
- a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
- Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
- the price for a product will be as stated in the relevant product listing;
- the price for the product must include all taxes and comply with applicable laws in force from time to time;
- delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
- products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
- the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
- You acknowledge and agree that:
- General Terms and Conditions
Access to and use of this Website is provided by Malo UG subject to the following terms:
By using the website, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all the following terms, please do not access and/or use the Website.
Malo UG may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Malo UG. Your continued use of the Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- Use of the Website
You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of Malo UG.
You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
Unless otherwise agreed by the Malo UG in writing, the price for the goods or services will be the price as displayed on the Site from time to time in shillings, except in cases of obvious error. Should value added tax be payable, the price will clearly state that value added tax is included in the price. The price is subject to the addition of all costs or charges in relation to postage, carriage and insurance.
You must make all payments due, in advance, under the Contract, without any deduction and you will receive an email from the Malo UG confirming receipt of all sums due.
Prices are liable to change at any time, but changes will not affect order in respect of which the Malo UG has already sent you an Order Confirmation.
The Site contains a large number of goods and services (music) and it is always possible that, despite the Malo UG’s best efforts, some of the goods or services listed on the Site may be incorrectly priced. The Malo UG are under no obligation to provide the goods or services to you at the incorrect (lower) price, even after the Malo UG has sent an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as mispricing.
Payments must be made by Mobile Money (MOMO) or VISA Card (debit or credit card) unless otherwise agreed with the Malo UG.
All payments are subject to the following conditions:
The Malo UG cannot accept liability if payment is refused or declined by Payment gateway or the credit/debit card supplier for any reason;
If the momo or card supplier declines payment, the Malo UG is under no obligation to bring this fact to your attention. You should check with your service provider or bank/credit/debit card supplier that payment has been deducted from your account;
The Malo UG does not accept liability for a payment being allocated incorrectly as a result of incorrect details being provided.
The data that you provide during this transaction will only be used for the purpose of recording your payment. We shall abide by the principles of the Data Protection Act and ensure that the data is used for no other purposes and is disclosed to no third party, except in respect of data that it is necessary to provide to the Malo UG’s e-commerce provider. Flutterwave and the Malo UG’s e-commerce provider will retain some personal information so that we can access payment records in the event of queries or incomplete payment information. Any momo or credit/debit card details given by you will not be retained in their entirety. Information will only be retained for a reasonable period and then destroyed.
- Disclaimers and Limitation of Liability
The Website content, including the information, names, images, pictures, logos and icons regarding or relating to Malo UG, its products and services (or to third party products and services) is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Malo UG and its affiliates will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of the Website.
Malo UG does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.