Terms of Use
Welcome to the Nilandi Marketplace Service Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at: https://nilandi.com “Service” refers to the Company’s services accessed via the Site, in which users can get trustworthy and quality services like Nilandi Marketplace setup, Product Data Enhancement, Customer Support, Listing Enhancement and more. The terms “we,” “us,” and “our'' refer to the Company. “You” refers to you, as a user of our Site or our Service.
The following Terms of Use apply when you view or use the Service via our website located at: https://nilandi.com
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service. In addition, you will find other useful information within Frequently Asked Questions and About Us pages. You may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of Nilandi Marketplace: Please:
General
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
If you are using this site on behalf of a business/entity, you confirm that you have authority to bind any business/entity on whose behalf you use this website to these terms and conditions.
Applicable Law, Venue and Limitation of Actions
This Website is controlled, operated and administered by Us from our offices within the Republic of Zambia. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of Zambia, and you consent to the jurisdiction of the Lusaka High Court or a court/regulatory authority of competent jurisdiction situated within the city of Lusaka, Zambia in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. If you access this Site from outside the Republic of Zambia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Intellectual Property
We, our group of companies, our affiliates, and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited. All rights in and to the Content is reserved and retained by the Owners.
Should you notice that we may have inadvertently infringed on your copyrights, please inform us by e-mailing us on customer@nilandi.com and we will review the publication. Additionally, we have a set of rules and regulation that have been setup to protect the owners of intellectual property:
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to your designated copyright agent.
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
Liability and Indemnity
Nilandi Marketplace attempts to source products from reputable manufacturers and authorized distributors who are known to adhere to strict safety and quality standards and are certified as such. However, the use of any product bought from this Website is at your risk. You indemnify us against any loss, injury or damages which may be sustained as a result of using the products sold on this Website.
All prices are shown in Zambian Kwacha (ZMW) and include VAT (where applicable) at the applicable current rates. On rare occasions an error in our sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to one year from your date of purchase you may contact us for a refund of tax overcharges.
This site is provided by Us without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
This site provides content from other Internet sites or resources and while Nilandi Marketplace tries to ensure that material included on this site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Nilandi Marketplace will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the use of this site.
If Nilandi Marketplace is informed of any inaccuracies in the material on the site, we will attempt to correct the inaccuracies as soon as we reasonably can.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message.
Registration & Password security
To register with Nilandi Marketplace you must be eighteen years of age or above. You must ensure that the details provided by you on registration or at any time are correct and complete. Also, you must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
When you register to use this site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should notify us by contacting Customer Services (see our Contact Us) immediately.
If we have reason to believe that there is likely to be a breach of security or misuse of this site, we may require you to change your password or we may suspend your account until such a breach has been controlled.
WARRANTY DISCLAIMER
The service, is provided “as is,” without warranty of any kind. without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. you assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall the site, the service, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with use or with any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
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