Terms Of Use

This Agreement explains the obligations of Zambia-Online.com, and explains a Userís obligations to Zambia-Online.com for a variety Zambia-Online.com services. By using our service(s), you agree to establish an account with us for such services. You understand that Marketplace.Zambia-Online.com, a subdomain located on the web server Zambia-Online.com, is an e-commerce business website owned and maintained by Netshop Enterprises, a Zambian-registered business and e-Commerce network of online businesses and websites, among them Zambia-Online.com, and that your company information and any other information you provide on the Marketplace.Zambia-Online.com site may appear on other Netshop Enterprises- or other Zambia-Online-affiliated sites, and any payment you make for memberships or for any other provided services are made to Netshop Enterprises, a business registered at the Patents & Companies Registration Office (PACRO) under business registration number 123957 (certified on September 25, 2005). This Agreement simultaneously becomes effective between a User and Marketplace.Zambia-Online.com (or simply Zambia-Online.com) immediately the User has set up their trading account at Marketplace.Zambia-Online.com.

DEFINITION
As used in these terms and conditions, the following terms have the following meanings respectively. Words given in the singular may also be construed in their plural sense or vice-versa, if the context so requires.

"This Site", "the Site" or Marketplace.Zambia-Online.com means the sub-domain site whose full URL is http://marketplace.zambia-online.com or also http://www.zambia-online.com/marketplace and is located on the server Zambia-Online.com, which is a domain name owned by Netshop Enterprises but operated independently as Zambia-Online.com.

"We" or "Us" or "Our" means or refers to Marketplace.Zambia-Online.com and/or Zambia-Online.com or, ultimately, Netshop Enterprises as described in the above line.

"You" and/or "User" mean(s) any individual or business entity who is using this site or its services.

USERS / SERVICE
Our services are provided to individuals or companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service. We are obligated to advise you that any User, during accessing our site(s), must behave as regulated under related law. We, Netshop Enterprises or Zambia-Online.com, are not responsible for the possible consequence caused by your behaviour from your usage of Marketplace.Zambia-Online.com, Zambia-Online.com and / or any other Netshop Enterprises site. Marketplace.Zambia-Online.com or Netshop Enterprises may, in its sole discretion, refuse the service to anyone at any time.

REGISTRATION OBLIGATIONS
If you register at Marketplace.Zambia-Online.com, you agree to:

  • provide true, accurate, current and complete information about yourself and the company you represent, including your real legal names
  • provide your e-mail address, postal address, phone, fax, website address (URL) only on site sections and fields where we specifically ask for these details
  • maintain and promptly update the Registration Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or not complete, Marketplace.Zambia-Online.com may find reasonable grounds to suspect that said information is untrue, inaccurate, not current or not complete and Marketplace.Zambia-Online.com thereby reserves the right to suspend or terminate your member service indefinitely.

E-MAIL ADDRESS, PASSWORD AND SECURITY
During the registration process, you will name an E-Mail Address and choose a Password. You are solely responsible for maintaining the confidentiality of your E-Mail Address and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to
(a) immediately notify Marketplace.Zambia-Online.com of any unauthorized use of your E-Mail Address or Password or any other breach of security that may become known to you, and (b) ensure that you properly exit the website at the end of each active session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.

CONTENTS
Any material, trade offers, companies and so on presented on this site, is without warranties. Any information on this site may be inaccurate, incomplete or out-of-date. We make no commitment to correct or update the materials, and do not check and/or control the content of any information and services or any products or services that may appear on this site. Under no circumstances will we be liable for any errors or omissions in any information presented in our site(s) or for any loss or damages of any kind incurred as a result of the use of or reliance on any information contained on this site and on our other related sub-domain site(s) also.

Each User hereby represents, warrants and agrees that they have obtained all necessary third-party, copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including, but not limited to, rights of personality and rights of privacy), for any material or information they post on the Site or provide to Marketplace.Zambia-Online.com or authorize Marketplace.Zambia-Online.com to display.

Third-party copyrights, trademarks, trade secret rights, Patents and other personal or proprietary Rights affecting or relating to material or information displayed on Marketplace.Zambia-Online.com, including, but not limited to, rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on Marketplace.Zambia-Online.com, are hereafter referred to as "Third-Party Rights." Each User hereby represents, warrants and agrees that they shall be solely responsible for ensuring that any material or information they post on Marketplace.Zambia-Online.com or provide to Marketplace.Zambia-Online.com or authorize Marketplace.Zambia-Online.com to display does not, and that the products represented thereby do not, violate any Third-Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that they have the right to manufacture, offer, sell, resell, import and distribute the products or services they offer and display on Marketplace.Zambia-Online.com, and that such manufacture, offer, sale, importation and/or distribution of those product or service violates no Third-Party Rights.

Each User hereby represents, warrants and agrees that information submitted to Marketplace.Zambia-Online.com for display on the Site shall not:

  • violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
  • contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sale and/or marketing is prohibited by applicable law; or otherwise promote other illegal activities;
  • be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
  • be defamatory, libellous, racist, unlawfully threatening or unlawfully harassing;
  • be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
  • contain any material that constitutes unauthorized advertising or harassment (including but not limited to e.g. spamming, password mining), invade anyone's privacy or encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
  • contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  • link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or point to dubious online money-making schemes that appear fraudulent in nature; or
  • otherwise create any liability for Marketplace.Zambia-Online.com or its partners / affiliates or Users.

LINKS
Our site(s) may contain links to other web sites, located either on other sub-domains of the Zambia-Online.com main server, affiliate or still other externally located sites. Since we provide content about those sites merely as a convenience to our Users but do not of course control most of them, save for Netshop-Zambia.com and sites located on the Zambia-Online.com web server, we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with use of or reliance on any (other) such content, goods or services available on such third-party websites, save for those directly found on our Site(s) at Zambia-Online.com.

CHARGES / MEMBERSHIPS
Registering a member account and using the basic services are free of charge. The premium services incur charges based upon the level/category/class of service. All fees and performed services are non-refundable, except for certain perculiar cases. "Logic" is the only approximate answer to what is refundable and what is not. Marketplace.Zambia-Online.com reserves the right to modify the charging clause and we will notify you of the changed clause immediately. Needless to say, please note that you are responsible for paying all applicable taxes and duties and for all hardware, software, service and other costs you incur to trade or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of the service at any time without notice.

TERMINATION
We reserve the right to terminate your member service at any time or for any reason, with or without notice, with or without refund. Once your member service is terminated you agree not to post a message on our site(s), or to assist or cause another person to post a messages on your behalf.

Members can select to terminate their membership at any time, by sending us an email through their e-mail account used at registration especially mentioning the account e-mail address and the user password.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO WHAT IS LAID DOWN IN THESE OPERATIONAL AGREEMENTS & TRADE POLICIES. Marketplace. IN THE EXTREME OF CASES, Zambia-Online.com's LIABILITY FOR ANY LEGAL CLAIM IS LIMITED TO AMOUNTS OF MONEY PAID/EXCHANGED ONLY. IN THE ABSENCE OF ANY MONETARY TRANSACTION, Marketplace.Zambia-Online.com SHALL HAVE NO MONETARY LIABILITY.

GOVERNING LAW AND DISPUTE RESOLUTION
The validity, performance, construction and effect of these Terms and Condition shall be governed exclusively by the laws of the Republic of Zambia, without recourse to any principles of conflict of laws. In case of any controversy, dispute, claim or similar matter arising out of, resulting from, or in connection with, these Terms and Conditions or a breach hereof, the parties shall seek to resolve the matter amicably through consensus and logic among themselves. Should such efforts be unavailing, and the parties fail to resolve such a case, controversy, dispute, claim, or similar matter within sixty (60) days, the parties shall resolve such dispute through arbitration in any court of law in the Republic of Zambia. The arbitration shall be conducted in English and the decision rendered therein shall be final and binding upon the parties.

Marketplace.Zambia-Online.com has no power to interfere or become involved in any transactions or transaction arguments between members. All transactions will be the responsibility of the members only.

NOTICES
All urgent customer/memebr/User notices or demands to or upon Marketplace.Zambia-Online.com shall be effective if in writing and shall be duly made when sent to Marketplace.Zambia-Online.com in the following manner:

All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile, or by email to the last-known correspondence, fax or email address provided by the User to Marketplace.Zambia-Online.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to have been received by such User if and when:

  • Marketplace.Zambia-Online.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User; or
  • immediately upon posting such notice on an area of the Site that is publicly accessible without charge.


2010-06-06

GLOBAL SYSTEM ADMIN.
B2B Online Marketplace
Zambia Online Network