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Terms And Condition
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY FORM THE AGREEMENT BETWEEN US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE EXIT THE WEBSITE. Makorokoto Pvt Ltd. MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USAGE OF THE COMPANY SITE WILL MEAN YOU ACCEPT THOSE CHANGES.
The following Terms & Conditions shall apply to the relationship between Company "" Makorokoto Pvt Ltd and all subsidiaries thereof, and www.makorokoto.com (the “Website”), (collectively "Company" "we" "our" or "us"), and the end user ("You" or "Your"). By using Company's services, You accept these Terms & Conditions, as well as the manner in which Company operates. If You do not agree to these Terms & Conditions, do not use Company.
If You access, use, or download in any way any service from Company, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the site rules detailed here [insert link to About Us], (b) You have either reviewed the site rules or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of Company by email and to have those questions answered, and have either chosen to do so or not to do so.
Changes to Terms & Conditions
Company may change (add to, delete, or amend) these Terms & Conditions from time to time, with or without cause. Should this occur, You agree that Company may provide You notice of such changes by posting a change notice on the Website for a reasonably limited period of time. It is Your responsibility to review any revised Terms & Conditions prior to using Company. Should You find any subsequent revisions to these Terms & Conditions unacceptable, You must cease using Company' services. By continuing to access, use, or download in any way any service from Company following notice of a revision to these Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
These Terms & Conditions constitute the entire agreement between Company and You and supersedes and replaces all prior commitments, undertakings, representations, warranties or conditions, whether written, oral, or collateral, between You and Company with respect of Your use of Company.
Company hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the of the content of this Website.
Restrictions On Use
You agree that You will not:
(i) distribute the Company content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Company content by the press or media or through any commercial network, cable or satellite system; or
(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Company content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Company or its licensors or allow any third-party to access the Company content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
Right to Use
Your right to use the Website is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. We may also impose limits on certain features and aspects of the Website or restrict your access to parts or the entire Website without notice or liability.
By accepting the Terms & Conditions and/or registering with Company, You confirm that You are at least 18 years of age and at least the age of majority under applicable laws of the "", territory, city, or other jurisdiction (each, a "Jurisdiction") of Your residence, that You can engage in a binding contract, that You are not a resident of "", and that You meet all other eligibility requirements contained in these Terms & Conditions. By using Company, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.
You must reside in Zimbabwe to use Makorokoto.com
Company employees and any persons residing in the same household as Company employees may not under any circumstances participate in Makorokoto auctions.
Company products and services are offered exclusively to private users for personal, family or household purposes and not to commercial or semi-commercial retailers or for use by any person for commercial purposes whatsoever.
Company reserves the right to limit in its sole discretion the number of user accounts per household and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. Company limits the number of user accounts per natural person and/or per household to one.
Company users may not participate in collusion with other users or use bots or any other electronic, technology or other means to place or manipulate bids. Company reserves the right to permanently suspend the accounts of users suspected of collusion or using bots or any other electronic, technological or other means to place or manipulate bids, or otherwise in accordance with these Terms & Conditions.
You may register only once and You must provide a postal address where You reside (P.O. boxes or similar postal arrangements are not permitted). You agree not to have more than one account per household. You must not provide false or misleading information when registering. You may not collude to exchange information with other Company users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Company users. Your username may not advertise for other websites or services or otherwise violate the intellectual property or privacy rights of any third party.
If Company receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Company's sole discretion, Your user account may be suspended until You change the username. Company also may permanently close Your account without prior notice to You for violating these Terms & Conditions as evaluated in Company's sole discretion.
You are responsible for keeping Your user account password confidential. Company will never ask for Your password except during login. You should never provide Your password to anyone, including Company' employees. User accounts are not transferable. Only You may use Your user account. You agree to be liable for all activities that are undertaken using Your user account, including any activities that are offensive, unlawful or in violation of these Terms & Conditions.
You have the right to terminate Your account at any time. You may do so either by not returning or by closing Your account by emailing us at [email protected] In the event You terminate Your account, Company will refund any unused bids. Company reserves the right to temporarily or permanently terminate Your account at Company sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behaviour. You agree that if Company, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, subject to applicable laws Company may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for Bids.
Purchases and Bidding
Bids are purchased in advance in packs. Company reserves the right to offer different size packs at different times. Bids are non-refundable. Should You not honour a payment, You will be charged a returned payment fee. Company reserves the right to block access to a user's account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received.
For details on how the auction works, please see http://makorokoto.com/how-it-works.php
Odds of Winning Auctions
Every auction is unique and the results of all auctions offered on Makorokoto.com depend on the number of users participating in such auctions and the skill of the users participating in the auctions; therefore, precise odds of winning are unavailable.
Acceptance / Payment
If you are the successful bidder in an auction you will receive an e-mail at the close of the auction with a link to PayPal and PayNow so you may pay for your purchase. You may also pay by accessing the My Account page. If you have not accepted and paid for the purchase within forty eight (48) hours of the auction closing you will be deemed to have not accepted the auction and the item will be re- auctioned.
Makorokoto.com reserves the right, in its sole discretion, to offer free bids or other promotions which will be advertised on the website from time to time.
Returns / Cancellations
Company allows winners the right to cancel an order up to 24 hours after the auction has ended. There are no returns or exchanges on purchased gift cards. Items other than gift cards may be returned within seven (7) days of receipt for refund of the auction price. The item must be in its original packaging and must not be damaged. The cost of shipping an item for return will be Your responsibility unless the item is defective. Please contact our customer service team at [email protected] for details of how to return items.
The cost of delivery is included in the winning auction price. Delivery is by "" Post Express Post unless otherwise specified.
Withholding Payment / Retention of Title
You agree that the item delivered shall remain Company’s property until Company receives payment in full, including bids used in the auction.
Liability and Indemnity
IN NO EVENT WILL Company, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF Company OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL Company, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR WEBSITE; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF Company, EVEN IF Company OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL Company, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE CLAIM AROSE. Company ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. Company IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. Company DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
YOU AGREE TO INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, WHICH WE MAY SUFFER FROM YOUR ACTIVITIES ON OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY BREACH BY YOU OF THIS AGREEMENT, OR COMPLAINTS MADE BY OTHER PARTIES AGAINST YOU. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU; PROVIDED, HOWEVER, THAT YOU SHALL REMAIN LIABLE FOR ANY SUCH CLAIM.
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE WEBSITE. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK.
All new products other than gift cards are sold with the manufacturer's limited warranty only. Company warrants that the products sold to You under these terms shall have the characteristics specified in Company’s specifications for such products, as set forth in the description of each auction, and makes no further warranties as to the condition or characteristics of such products. The warranty period and service varies by manufacturer and product. The manufacturer warranty information will be provided to You for all new products purchased.
System Outage / Temporarily Paused Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten (10) minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on temporarily paused auctions will be credited back to Your account; however, Company is not responsible for any other costs incurred by You due to a system outage. Company reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Company, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Company shall not be liable for any damage incurred by auction users or third parties from using Company' services. In particular, Company shall not be liable for damage that occurs due to Bids not being received by Company, not being received promptly, or not being considered as a consequence of technical errors.
This Agreement is entered into in "", "". Except where otherwise prohibited by law You agree that it will be governed by the laws of the "" of "" and any disputes arising out of this Agreement will be subject to the courts of the "" of "" and the federal courts applicable within the "". If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d’un commun accord que la présente entente soit redigee en anglais.
You do not have the right to assign this Agreement or any of your rights to the Website to anyone. Company has the right to assign any or all of its rights and duties under this Agreement or to the Website to any third party. At the election of Company, if Company’s obligations hereunder are assumed by a third party, Company shall be relieved of any and all liability under this Agreement.
[Insert details] are trade-marks of Company. All rights reserved. Any other trade-marks appearing on the Company site are the property of their respective owners.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Company should be made directly to the manufacturer in accordance with their own terms and conditions.
VOID OUTSIDE OF "". VOID IN "". VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by Company while located in a prohibited jurisdiction, You may be in violation of the law and will be in violation of these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Company cannot be held liable if laws applicable to You restrict or prohibit Your participation.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, such invalid, unenforceable, or void provisions shall, as to such jurisdiction, be ineffective only to the extent of such invalidity, unenforceability, or restriction without invalidating the remaining provisions hereof and without affecting the validity or enforceability of such provision in any other jurisdiction or its application to other parties or circumstances.
Privacy and Use of Information
The Website contains information, which is proprietary to us our partners, and our users. We assert full copyright protection in the Website. Information posted by us, our partners or users of the Website may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
This web site may contain links to other sites. Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Company is affiliated or associated with same. Company DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEBSITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.
Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Makorokoto.com by You must be given in writing by hand delivery in return for a receipt, sent certified or registered mail (return receipt requested), or sent by an overnight courier service, addressed to Makorokoto.com Auctions Inc. P.O Box BW 386, Borrowdale, Harare, Zimbabwe or by email to [email protected]
If You have any questions, concerns, or comments about these Terms & Conditions, please email us at [email protected]