Terms and Conditions

Introduction

Itambiro is an online marketplace that connects buyers and sellers of various products and services. These General Terms and Conditions (“Terms”) govern the use of Itambiro’s online marketplace and mobile applications (“Platform”) by users, including buyers, sellers, and other parties (“Users”).

Rules and Regulations

Itambiro reserves the right to modify or update these Terms at any time without notice. By accessing or using the Platform, Users agree to be bound by these Terms and any modifications or updates thereto.

User Responsibilities and Conduct

Users are responsible for their own conduct and actions on the Platform. Itambiro reserves the right to terminate or suspend any User’s account or access to the Platform if it determines that the User has engaged in any illegal or harmful activities.

Payment Terms and Conditions

Itambiro offers various payment methods, including credit cards, debit cards, Mobile money and other payment options. By using the Platform, Users agree to the payment terms and conditions, including the payment processing fees and the refund policy.

Shipping and Delivery Policies

Itambiro offers various shipping and delivery options, including standard shipping, expedited shipping, and international shipping. By using the Platform, Users agree to the shipping and delivery policies, including the shipping costs and the delivery times.

Returns and Refunds Policies

Itambiro offers a returns and refunds policy for certain products and services. By using the Platform, Users agree to the returns and refunds policies, including the return process and the refund processing fees.

Dispute Resolution

Itambiro reserves the right to resolve any disputes between buyers and sellers on the Platform. By using the Platform, Users agree to the dispute resolution process, including the procedures for resolving disputes and the role of Itambiro in resolving disputes.

Intellectual Property Rights

Itambiro owns all intellectual property rights in the Platform, including the software, content, and trademarks. By using the Platform, Users agree not to infringe on Itambiro’s intellectual property rights.

Limitations of Liability

Itambiro is not liable for any damages or losses arising from the use of the Platform, including any damages or losses arising from the failure of the Platform or any errors or omissions in the Platform.

Termination of User Rights

Itambiro reserves the right to terminate or suspend any User’s account or access to the Platform at any time without notice. By using the Platform, Users agree to the termination of user rights, including the procedures for terminating user rights and the consequences of termination.

Compliance with Laws and Regulations

Itambiro is committed to complying with all applicable laws and regulations, including the laws and regulations of Uganda and the East African Community. By using the Platform, Users agree to comply with all applicable laws and regulations.

Governing Law

These Terms will be governed by and construed in accordance with the laws of Uganda and the East African Community.

Entire Agreement

These Terms constitute the entire agreement between Itambiro and Users, and supersede all prior or contemporaneous agreements or understandings.

Amendments

Itambiro can be contacted through the Platform or by email at support@itambiro.com

Language

These Terms will be written in English, and any translations will be for convenience only.

Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be severed from the remaining provisions, which will remain in full force and effect.

Waiver

The failure of Itambiro to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

By accessing or using the Itambiro, Users agree to be bound by these General Terms and Conditions.

Registration and account

You may not register with our marketplace if you are under 13 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 13 years of age).

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) 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 you acknowledge 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 on support@itambiro.com

Itambiro Seller Terms and Conditions

Description of Goods:

– Sellers must provide accurate and detailed descriptions of the goods or services they are offering, including product specifications, materials, dimensions, and any other relevant information.

– Sellers must ensure that the descriptions and images accurately represent the actual products being sold.

Delivery Instructions:

– Sellers must specify the estimated delivery time, delivery method, and any associated delivery fees.

– Sellers are responsible for the risk of loss or damage to the goods during transit until the goods are delivered to the buyer.

Inspection Period:

– Buyers will have a 14-day inspection period from the date of delivery to inspect the goods and notify the seller of any issues or nonconformities.

– During the inspection period, the buyer may return the goods for a full refund or exchange, subject to the terms of the returns policy.

Warranties and Guarantees:

– Sellers must provide clear and comprehensive warranties and guarantees for their products, including the duration of the warranty and the scope of coverage.

– Sellers must comply with all applicable consumer protection laws and regulations in Uganda and the East African Community.

Payment Details:

– Sellers must accept payment through the Itambiro platform, which supports various payment methods, including credit cards, debit cards, and mobile money.

– Sellers must provide clear information about the pricing, payment terms, and any applicable taxes or fees.

Service Level Agreement (SLA):

– Sellers must maintain a minimum order fulfillment rate of 95% and a maximum response time of 24 hours for customer inquiries.

– Sellers must provide regular updates on the status of orders and notify buyers of any delays or issues.

Data Rights and Security:

– Sellers must comply with the Itambiro data protection and privacy policy, which includes measures to protect the confidentiality and security of customer information.

– Sellers must not use or disclose customer data for any purpose other than fulfilling orders and providing customer support.

Maintenance and Support:

– Sellers must provide post-sale support, including responding to customer inquiries, handling returns and refunds, and addressing any product-related issues.

– Sellers must maintain their product listings and inventory information on the Itambiro platform to ensure accurate and up-to-date information for buyers.

User Rights and Access:

– Sellers must create and maintain a secure account on the Itambiro platform, and must not share their login credentials with any unauthorized individuals.

– Sellers must ensure that their employees or representatives who access the Itambiro platform comply with these terms and conditions.

Order Management System:

– Sellers must use the Itambiro order management system to process and fulfill orders, track inventory, and manage customer communications.

– Sellers must respond to buyer inquiries and address any issues or concerns within the Itambiro platform.

Duration of Agreement:

– These Seller Terms and Conditions will remain in effect for the duration of the seller’s participation on the Itambiro platform.

– Itambiro reserves the right to modify or update these terms and conditions at any time, and sellers must agree to any changes in order to continue using the platform.

Our rights to use your content

You grant to us a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce,store, adapt, publish, translate and distribute your content on our marketplace, and across our marketing channels and any existing or future media.
You grant to us the right to bring an action for infringement of the rights licensed under section
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

By agreeing to these Seller Terms and Conditions, sellers on the Itambiro platform acknowledge and accept their responsibilities and obligations, and agree to comply with all applicable laws and regulations in Uganda and the East African Community.

Key Legal Requirements

Here are the key legal requirements for seller terms and conditions in Uganda and East Africa:

Clearly describe the goods or services being sold, including details such as type, model number, weight, color, size, and any other relevant specifications.
Specify the delivery instructions, including the time and date of delivery, the delivery location, and which party is responsible for the risk of loss of goods during transit.
Define the inspection period that allows the buyer to inspect the goods after delivery and reject any nonconforming items.
Include any warranties and guarantees made during the selling process, ensuring they are clearly outlined.
Clearly outline the price, payment terms, and conditions, including whether payment is expected in installments or a single lump sum, and any special payment agreements.
Comply with the Sale of Goods and Supply of Services Act, 2018 in Uganda, which outlines the rights and obligations of buyers and sellers.
Ensure the terms and conditions do not violate any implied rights or duties that arise under the contract of sale by law.
Comply with the Trade Licensing Act 1969 in Uganda, which requires sellers to obtain a valid trading license before commencing business.
Ensure the terms and conditions are in line with the applicable land tenure system and property laws in Uganda and East Africa, if the sale involves land or property.
Clearly state the duration of the agreement, renewal terms, and any conditions for termination or extension.

By adhering to these legal requirements, seller terms and conditions in Uganda and East Africa can provide a clear and enforceable framework for the sale of goods and services.

Consequences of Non-Compliance

The consequences of non-compliance with Ugandan and East African laws in terms and conditions for an online marketplace can be severe and far-reaching. Some of the potential consequences include:

Legal Action: Non-compliance with Ugandan and East African laws can lead to legal action against the online marketplace, including lawsuits, fines, and even criminal charges.
Reputation Damage: Non-compliance with laws can damage the reputation of the online marketplace, leading to a loss of customer trust and confidence.
Financial Losses: Non-compliance with laws can result in financial losses for the online marketplace, including fines, penalties, and even the loss of business.
Regulatory Scrutiny: Non-compliance with laws can attract regulatory scrutiny, including investigations and audits, which can be time-consuming and costly.
Data Protection Breaches: Non-compliance with data protection laws can result in data protection breaches, which can lead to the loss of sensitive customer information and damage to the online marketplace’s reputation.
Consumer Protection Issues: Non-compliance with consumer protection laws can result in consumer protection issues, including unfair or deceptive practices, which can lead to legal action and reputational damage.
Compliance Costs: Non-compliance with laws can result in compliance costs, including the cost of implementing new policies and procedures, training staff, and conducting audits and assessments.
Risk of Criminal Charges: Non-compliance with laws can result in the risk of criminal charges, including charges related to fraud, theft, and other criminal offenses.
Loss of Licenses: Non-compliance with laws can result in the loss of licenses and permits, which can prevent the online marketplace from operating legally.
Reputation Damage to Partners: Non-compliance with laws can damage the reputation of partners and suppliers, which can lead to a loss of business and reputation.

Specific laws in Uganda and East Africa for Itambiro marketplace

Here are the specific laws in Uganda and East Africa that Itambiro marketplace must comply with:

Electronic Transactions Act 2011: This Act provides for the use, security, facilitation and regulation of electronic communications and online transactions in Uganda. It also provides for the legal recognition of electronic records and signatures.
Computer Misuse Act 2011: This Act serves the purpose of providing for the safety and security of electronic transactions and information to prevent unlawful access, abuse or misuse of information systems.
Electronic Signatures Act 2011: This Act provides for the use of electronic signatures in Uganda and ensures their legal recognition.
Data Protection and Privacy Bill: While still in the process of being enacted, this Bill aims to address the issue of data protection and privacy in online transactions.
Anti-Counterfeit Goods Bill 2023: If enacted, this proposed law in Uganda will ban counterfeit goods that infringe on intellectual property rights, focusing on copyrights and trademarks. It will also introduce penalties for trading in counterfeit products.
Merchandise Marks Act 2008 (Tanzania): This Act aims to combat counterfeiting in Tanzania and was amended in 2010.
Anti-Counterfeit Act 2008 (Kenya): Kenya set up the Anti-Counterfeit Agency after amending this Act, although the agency continues to struggle to have a real impact.
Regional e-government strategy: There are ongoing efforts in East Africa to develop a regional e-government strategy to deepen the regional process and provide an appropriate environment for the expansion of electronic transactions and e-commerce.

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