General Terms and Conditions of Use of the Ejabali Online Store

1. Introduction

   1. EJabali Trading Limited (“eJabali” or “we”) operates an e-commerce platform, consisting of a website and mobile application, facilitating the sale and purchase of consumer products in Zambia (“territory”).

Terms and Conditions of Sale

1. You acknowledge and agree that:
   1. Our online store serves as a platform for EJabali to sell products directly to buyers.
   2. We shall accept binding sales on behalf of EJabali, but EJabali is not a party to the transaction between the buyer and EJabali.
   3. A contract for the sale and purchase of a product or products will come into effect between the buyer and EJabali, and accordingly, you commit to buying or selling the relevant product or products upon the buyer’s confirmation of the purchase via our online store.

Returns and Refunds

1. Returned products by buyers and the acceptance of returned products shall be managed by EJabali in accordance with our returns and refunds policies, as may be amended from time to time. Acceptance of returns shall be at our discretion, subject to compliance with the applicable laws of the territory.
2. Refunds in respect of returned products shall also be managed in accordance with our policies, as may be amended from time to time. Our rules on refunds shall be exercised at our discretion, again subject to applicable laws of the territory. We may offer refunds, at our discretion, for:
   • The product price
   • Local and/or international shipping fees (as stated on our refunds page)
   • By way of store credits, wallet refunds, vouchers, mobile money transfers, bank transfers, or such other methods as we may determine from time to time.

Shipping and Delivery

1. EJabali will make commercially reasonable efforts to deliver products to the address specified by the Buyer.
2. The Buyer is responsible for providing accurate and complete shipping information.
3. Shipping and delivery times are estimates and not guaranteed.

Payments Process

Product Quality and Warranty

1. EJabali warrants that products will be of satisfactory quality and fit for their intended purpose. Any warranties provided by EJabali are subject to the terms and conditions specified in the product listing.

Intellectual Property

1. You acknowledge that all intellectual property rights, including but not limited to trademarks and copyrights, in the products and platform are owned by EJabali.
2. You shall not reproduce, distribute, or use EJabali’s intellectual property without prior written consent.

Use of the Website and Mobile Applications

1. You may use our online store and mobile applications as follows:
   • View web pages from our online store in a web browser.
   • Download web pages from our online store for temporary caching in a web browser.
   • Print web pages from our online store for your personal and non-commercial use, provided it is not systematic or excessive.
   • Stream audio and video files from our online store using the provided media player.
   • Utilize our online store services via a web browser, subject to the terms outlined in these general terms and conditions.
2. Except as explicitly allowed by section 8.2 or other provisions within these general terms and conditions, you must not:
   • Download any material from our online store or save such material to your device.
3. You are permitted to use our online store solely for your personal and business activities related to selling or purchasing products within the marketplace.
4. Unless expressly authorized by these general terms and conditions, you must not:
   • Republish material from our online store, including on other websites.
   • Sell, rent, or sub-license material from our online store.
   • Display material from our online store in public.
   • Exploit material from our online store for commercial purposes.
   • Redistribute material from our online store.
5. Notwithstanding section 8.4, you are allowed to share links to products on our online store and distribute our newsletters and promotional materials in both print and electronic formats to individuals.
6. We retain the right to suspend or restrict access to our online store, specific areas of our online store, or certain functionalities within our online store. For instance, we may suspend access during server maintenance or updates. You must not attempt to circumvent or bypass any access restrictions on the website.
7. You must not:
   • Use our online store in a manner that could cause damage, impairment, or security risks to the website.
   • Engage in unethical, unlawful, illegal, fraudulent, or harmful activities on our online store, or activities connected to such purposes.
   • Attempt to hack or tamper with our online store.
   • Probe, scan, or test our website’s vulnerabilities without permission.
   • Circumvent any authentication or security systems or processes related to our online store.
   • Use our online store to transmit or distribute malicious computer software.
   • Overload our online store’s resources or infrastructure.
   • Decrypt or decipher communications sent to or from our online store without permission.
   • Engage in systematic or automated data collection activities without our express consent.
   • Access or interact with our online store using automated means (excluding search engine indexing).
   • Use data collected from our online store for direct marketing purposes.
   • Disrupt the normal use of our online store in any way.

Copyright and Trademarks

1. All copyright and other intellectual property rights in our online store and its contents are either owned by us or licensed to us. These rights are protected by copyright laws and treaties around the world. All such rights are reserved.
2. eJabali’s logos and our other trademarks, whether registered or unregistered, are the exclusive property of eJabali. Unauthorized use of these trademarks may infringe upon our rights and is strictly prohibited.
3. Any third-party trademarks or service marks featured on our online store are the property of their respective owners. We neither endorse nor have any affiliation with these trademark owners, and consequently, we are unable to grant any licenses or permissions related to these rights.

Data Privacy

1. Buyers consent to the processing of their personal data in compliance with eJabali’s Privacy and Cookie Notice.
2. eJabali will handle all personal data collected through the online store and related services in alignment with the terms set forth in our Privacy and Cookie Notice and Privacy Policy.
3. Sellers will be solely responsible for any mishandling or misuse of buyers’ personal data, and eJabali will not assume any liability in connection with sellers’ misuse of such data.

Due Diligence and Audit Rights

1. We maintain an anti-money laundering compliance program and retain the authority to conduct due diligence checks on all users of the online store.
2. You consent to furnish us with any necessary information, documentation, or access to your business premises as we may reasonably request for the following purposes:
   1. To verify your compliance with and fulfillment of your obligations under this Agreement.
   2. To facilitate disclosures mandated by a valid court order or other governmental body.
   3. To meet any legal requirements or regulatory obligations.

E’Jabali’s Role as an Online Store

1. You acknowledge that:
   • We do not verify the identity of all users of our online store, assess their creditworthiness, or conduct thorough checks on their bona fides.
   • We do not review, audit, or continuously monitor all the information contained in product listings.
   • We are not a party to any contract for the sale or purchase of products advertised on the online store.
   • We are not actively involved in any transactions between buyers and sellers except for facilitating an online store for buyers and sellers and processing payments on behalf of sellers.
   • We do not act as agents for any buyer or seller.
2. Consequently, we will not be liable to any person concerning the offer for sale, sale, or purchase of any products listed on our online store. Furthermore, we are not responsible for enforcing any contractual obligations arising from such transactions, and we have no obligation to mediate between the parties involved.
3. We do not provide any warranty or representation regarding:
   • The completeness or accuracy of the information published on our online store.
   • The real-time updating of material on the online store.
   • The flawless operation of the online store.
   • The continuous availability of the online store or any of its services.
4. We retain the right to discontinue or modify any or all of our online store services and to cease publishing our online store at any time, solely at our discretion and without prior notice or explanation. You shall not be entitled to any compensation or payment in case of such discontinuation or modification of online store services or if we stop publishing the online store.
5. We do not guarantee any specific commercial outcomes associated with the use of our online store.
6. To the maximum extent permitted by applicable law and subject to section 13.1 below, we exclude all representations and warranties related to the subject matter of these general terms and conditions, our online store, and the use of our online store.

Limitations and Exclusions of Liability

1. Nothing in these general terms and conditions will:
   1. Limit any liabilities in any manner that is not permitted under applicable law.
   2. Exclude any liabilities or statutory rights that may not be excluded under applicable law.
2. The limitations and exclusions of liability outlined in this section 13 and elsewhere in these general terms and conditions:
   1. Are subject to section 13.1.
   2. Govern all liabilities arising under these general terms and conditions or related to the subject matter of these general terms and conditions. This includes liabilities arising in contract, in tort (including negligence), and for breach of statutory duty unless expressly provided otherwise in these general terms and conditions.
3. In relation to services provided to you free of charge, we will not be liable to you for any loss or damage of any nature.
4. Our total liability to you for any contract to provide services under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each individual transaction on the online store constitutes a separate contract for the purposes of this section 13.4.
5. Notwithstanding section 13.4 above, we will not be liable to you for any loss or damage of any nature, including but not limited to:
   1. Losses resulting from interruptions or dysfunction of the website.
   2. Losses arising from events beyond our reasonable control.
   3. Business losses, such as loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
   4. Any loss or corruption of any data, database, or software; or
   5. Loss or corruption of any data, database, or software.
   6. Special, indirect, or consequential loss or damage.
6. You acknowledge that we have an interest in limiting the personal liability of our officers and employees. In consideration of this interest, you agree not to bring any personal claims against our officers or employees regarding any losses you may incur in connection with the online store or these general terms and conditions. This provision does not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.
7. Our online store may include hyperlinks to other websites owned and operated by third parties. Please note that such hyperlinks do not constitute recommendations. We have no control over third-party websites and their content, and we bear no responsibility for them or for any loss or damage that may arise from your use of them.

Indemnification

1. You hereby agree to indemnify us and commit to maintaining our indemnity against the following:
   1. Any and all losses, damages, costs, liabilities, and expenses (including, but not limited to, legal expenses and any amounts paid by us to any third party as part of a settlement related to a claim or dispute) incurred or suffered by us, arising directly or indirectly from your use of our online store or any breach by you of any provision within these general terms and conditions or the eJabali codes, policies, or guidelines.
   2. Any VAT liability or other tax liability that we may incur concerning any sale, supply, or purchase made through our online store. This liability arises from your failure to properly pay, withhold, declare, or register to pay any VAT or other tax that is legally due in any jurisdiction.

Breaches of These General Terms and Conditions

1. If we approve the registration of an account on our online store, that account will remain active indefinitely, subject to adherence to these terms and conditions.
2. In the event of a breach of these terms and conditions or if we have reasonable grounds to suspect a breach of these terms and conditions or any eJabali policies or guidelines, we may take the following actions:
   1. Temporarily suspend your access to our online store.
   2. Permanently prohibit you from accessing our online store.
   3. Block access to our online store from computers using your IP address.
   4. Contact your internet service providers and request the blocking of your access to our online store.
   5. Suspend or delete your online store account.
   6. Initiate legal proceedings against you for breach of contract or otherwise.
   7. Undertake further legal action against you as we may deem necessary.
3. Where we suspend or prohibit or block your access to our online store, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.

Variation

1. We may revise these general terms and conditions from time to time.
2. The revised general terms and conditions will apply to the use of our online store from the date of their publication on the online store.
3. You are advised to check this page regularly to view the latest general terms and conditions.
4. Continued use of our online store following any changes to these general terms and conditions will constitute your acceptance of those changes.

Assignment

1. You hereby agree that eJabali may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these general terms and conditions without notifying you or obtaining your consent.
2. You may not assign, transfer, sub-contract, or otherwise deal with your rights and/or obligations under these general terms and conditions.

Severability

1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third-Party Rights

1. These general terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under these general terms and conditions is not subject to the consent of any third party.

Entire Agreement

1. These general terms and conditions, together with our privacy and cookie notice, constitute the entire agreement between you and us in relation to your use of our online store and supersede all previous agreements between you and us in relation to your use of our online store.

Law and Jurisdiction

1. These general terms and conditions will be governed by and construed in accordance with the laws of the Republic of Zambia.
2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of Zambia.

Our Details

This online store is owned and operated by EJabali Trading Limited.

We are registered in Zambia under the registration number RC 1034513 and our head office is at 13 Buluwe.

You can contact us by email at [email protected]