GENERAL
This document governs your relationship with kagweretech.co.zw (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
ABOUT KAGWERE TECHNOLOGIES
Kagwere Technologies is owned and operated by Kagwere Holdings PBC (Pvt) Limited (“Kagwere Holdings”, “us”, “we”), a limited liability company registered in Zimbabwe. All rights and/or defences afforded to us in these General Terms shall stand to the benefit of Kagwere Holdings, all its subsidiaries, associates and employees.
UPDATES AND AMENDMENTS
We may periodically change or update the General Terms, without notice. It is your responsibility to check them from time to time as your continued use of our Services will mean you accept any updated or revised General Terms.
WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
OUR SERVICES
Our website is to be used only for your own personal, non-commercial, shopping and information purposes. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of any of our websites, or apps, the uploading of any unlawful or damaging information or viral software or the creation of any links to our websites or apps is strictly prohibited.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Kagwere Technologies shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kagwere Technologies shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kagwere Technologies shall immediately issue a credit to your credit card account in the amount of the charge.
TRADING HOURS
The website is meant to be available 24 hours, however for any assistance required, help will be available during normal working hours on normal working days.
TRADEMARKS AND PATENTS
The content of kagweretech.co.zw is protected by copyright, trademarks, database and other intellectual property rights.
Kagwere Technologies trademarks and trade dress may not be used in connection with any product or service that is not Kagwere Technologies’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kagwere Technologies . All other trademarks not owned by Kagwere Technologies that appear in any Kagwere Technologies website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kagwere Technologies.
You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the kagweretech.co.zw without written permission from Kagwere Technologies. No licence is granted to you in these Terms and Conditions to use any trade mark of Kagwere Holdings,Kagwere Technologies or its affiliated companies.
INTELLECTUAL PROPERTY RIGHTS
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on our websites or apps are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful infringement of our intellectual property. Kagwere Technologies respects the intellectual property of others.
ACCOUNTS
You may need register an account to use certain kagweretech.co.zw services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Kagwere Technologies may sell products that may be used by children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our website only with the consent and involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their homes.
Kagwere Technologies reserves the right to refuse service, terminate accounts, terminate your rights to use our services, remove or edit content, or cancel orders in its sole discretion.
ELECTRONIC COMMUNICATIONS
When you use kagweretech.co.zw or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other services, such as our Message Centre, and you can retain copies of these communications for your records. 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.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We value your comments, reviews, ideas, suggestions and feedback. By sending us your comments, posting content or submitting material you agree that we may use them for commercial purposes (including using them to endorse our products, stores or brands) without any compensation to you and you grant us a non-exclusive license to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kagwere Holdings (the owner and operator of Kagwere Technologies ) and all its subsidiaries and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kagwere Holdings and all its subsidiaries and affiliates for all claims resulting from content you supply. We reserve the right to choose whether we will or will not respond to your comments. We will not maintain your comments.
You agree not to post comments which violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material or to post any material that consist of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. kagweretech.co.zw reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. We disclaim any liability towards any third party regarding your comments.
Kagwere Holdings and all its subsidiaries and affiliates take no responsibility and assumes no liability for any content posted by you or any third party.
ADVERTISING AND HYPERLINKS
External hyperlinks may appear on our websites or apps. We do not necessarily have a relationship with any third party which is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third party material is entirely at your own risk.
ACCURACY OF CONTENT
All reasonable steps are taken to ensure that the information accessed via Our website is accurate and up-to-date. We do not however warrant that the content or information displayed is always accurate, complete and/or current.
ABOUT REFUNDS AND RETURNS
Due to their nature, electronic components can be instantly and permanently damaged if you connect the them in the wrong way in your circuit, If you connect them to other faulty components or to a circuit containing a faulty component, if you use a wrong current and voltage power supply, you improperly configure them intentionally or otherwise. Some components, namely Electrostatic Sensitive Devices (“ESDs”), can be instantly and permanently damaged if you simply come into contact with them without taking the necessary precautions prior to handling these devices. The List of reasons is endless and the above examples are only a few ways among the many that can instantly damage electronic components once they are in your care. Furthermore, due to the rapidly increasing complexity of electronic components, we may not have the necessary equipment, time and/or appropriate technical personnel needed to ascertain the functionality of these components at the time of their dispatched from our stores. As a result, Despite our maximum care in sourcing and handling of products. It is impossible to be 100% certain whether the product(s)are functional or not at the time dispatch or if they were damaged while they were in your care. And because these are still situations you meet with in physical stores and would likely still affect both of us even if we operated a physical store. We will not accept returns on component(s) that have transferred into the care of the customer ( unless prior agreements to the contrary had been made in writing between you the customer and Kagwere Technologies ). However we will accept returns and offer to refund your account if you receive the wrong products. In which case you must notify us immediately. Moreover the goods should still be in their unused state otherwise we will not accept them and no refund will be offered. You should not accept goods with damaged or deformed packaging as there is a likelihood that the goods inside might be damaged as well. By accepting goods with damaged or deformed packaging, you declare that the goods are in working condition. In such a case we will not accept return of the goods or claim of refunds if you later find them unsatisfactory.
DELIVERY OF GOODS
kagweretech.co.zw uses third party courier services to deliver goods to you. These services may be provided as options on our website. You are free to choose a courier services that best suits your needs, provided you communicate this arrangement in advance before making your payment. If you choose one of the options provided on our website, title to products and risk of loss or damage during shipment passes from Kagwere Technologies to The Customer upon receipt of the products by the Customer. If the customer selects a courier other than a courier that regularly ships for Kagwere Technologies, title to products and risk of loss or damage during shipment passes from kagweretech.co.zw to Customer upon transfer of products from our facility to your courier service provider. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer’s rights therein are contained in the license agreement between such licensor(s) and Customer. Kagwere Technologies retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
TOTAL TIME FOR DELIVERY
Total time is based on the amount of time it takes to get payment authorization, order processing, and the transit time from the carrier. This can range from 24 hours to 14 days for in-stock items.
COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
Kagwere Technologies reserves the right at any time after receipt of your order to accept or decline your order for any reason. Kagwere Technologies reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.We may require additional verifications or information before accepting any order.
EXPORT REGULATIONS
If this transaction involves an export under the Zimbabwe’s export regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported by Kagwere Technologies were exported in accordance with such regulations. Diversion, use, export or re-export contrary to law is prohibited.
PRODUCT DESCRIPTIONS
Kagwere Technologies attempts to be as accurate as possible. However, Kagwere Technologies does not warrant that product descriptions or other content of Kagweretech.co.zw is accurate, complete, reliable, current, or error-free. If a product offered by Kagwere Technologies itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Kagwere Technologies and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the our Website(s) are provided by Kagwere Technologies on an “as is” and “as available” basis, unless otherwise specified in writing. Kagwere Holdings makes no representations or warranties of any kind, express or implied, as to the operation of Kagwere Technologies, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through our website, unless otherwise specified in writing. Use of our services is entirely at your own discretion and at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by kagweretech.co.zw will be uninterrupted or error free, or that the services or the servers that make them available are free from viruses or other harmful components. To the extent permitted by law, neither Kagwere Holdings nor any of its subsidiaries shall be liable for any damage, loss or liability (whether arising indirect, direct, including negligence, or otherwise arising out of or in connection with (a) your use of this website; (b) your reliance on or your inability to use the information, products or services on this website; and/or (c) any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this website or your use or attempted use of it. Unless expressly stated to the contrary, to the fullest extent permitted by law, Kagwere Holdings,its subsidiaries and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law and similar laws, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted and products offered thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
USE OF COOKIES
When you visit any of our websites we may collect certain information about your usage preferences and history. Such information will be stored in a cookie on your computer’s hard drive by your web browser. Cookies are intended to assist and improve your use of our websites. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all the features of our website.
Every time you connect to our website we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
The type of information we collect includes the URL you came from, IP address, domain type, browser type, the country and telephone code where your device is located, the web pages viewed during your visit, the advertisements you clicked on, and any search terms you entered on our website (user information).
DISPUTES
These General Terms are governed by the laws of the Republic of Zimbabwe. Any dispute arising in relation to these General Terms shall, to the extent permitted by law, be referred to arbitration in Harare at a venue of our choice applying the Rules of the High Court of Zimbabwe.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
By using any our services, you agree that the laws of the Republic of Zimbabwe, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kagwere Holdings.
If any part of these Terms and Conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of such terms which shall continue to be valid and enforceable to the fullest extent permitted by law.