TERMS OF SERVICE
1.
Introduction
This website is operated by FATMASS NT INVESTMENT LIMITED. The terms “we”, “us”, and “our” refer to fatmassnt.co.tz and/or FATMASS NT INVESTMENT LIMITED. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.
2.
Use of our Website
You agree to use our website for
legitimate purposes and not for any illegal or unauthorized purpose, including
without limitation, in violation of any intellectual property or privacy law.
By agreeing to the Terms, you represent and warrant that you are at least the age
of majority in your state or province of residence and are legally capable of
entering into a binding contract.
You agree to not use our website to
conduct any activity that would constitute a civil or criminal offence or
violate any law. You agree not to attempt to interfere with our website’s
network or security features or to gain unauthorized access to our systems.
You agree to provide us with
accurate personal information, such as your email address, mailing address and
other contact details in order to complete your order or contact you as needed.
You agree to promptly update your account and information. You authorize us to
collect and use this information to contact you in accordance with our Privacy
Policy.
3.
General Conditions
We reserve the right to refuse
service to anyone, at any time, for any reason. We reserve the right to make
any modifications to the website, including terminating, changing, suspending
or discontinuing any aspect of the website at any time, without notice. We may
impose additional rules or limits on the use of our website. You agree to
review the Terms regularly and your continued access or use of our website will
mean that you agree to any changes.
You agree that we will not be liable
to you or any third party for any modification, suspension or discontinuance of
our website or for any service, content, feature or product offered through our
website.
4.
Products or Services
All purchases through our website
are subject to product availability. We may, in our sole discretion, limit or
cancel the quantities offered on our website or limit the sales of our products
or services to any person, household, geographic region or jurisdiction.
Prices for our products are subject
to change, without notice. Unless otherwise indicated, the prices displayed on
our website are quoted in Tanzanian Shillings.
We reserve the right, in our sole
discretion, to refuse orders, including without limitation, orders that appear
to be placed by distributors or resellers. If we believe that you have made a
false or fraudulent order, we will be entitled to cancel the order and inform
the relevant authorities.
We do not guarantee the accuracy of
the colour or design of the products on our website. We have made efforts to
ensure the colour and design of our products are displayed as accurately as
possible on our website.
5.
Links to Third-Party Websites
Links from or to websites outside
our website are meant for convenience only. We do not review, endorse, approve
or control, and are not responsible for any sites linked from or to our
website, the content of those sites, the third parties named therein, or their
products and services. Linking to any other site is at your sole risk and we
will not be responsible or liable for any damages in connection with linking. Links
to downloadable software sites are for convenience only and we are not
responsible or liable for any difficulties or consequences associated with
downloading the software. Use of any downloaded software is governed by the
terms of the license agreement, if any, which accompanies or is provided with
the software.
6.
Use Comments, Feedback, and Other
Submissions
You acknowledge that you are
responsible for the information, profiles, opinions, messages, comments and any
other content (collectively, the “Content”) that you post, distribute or share
on or through our website or services available in connection with our website.
You further acknowledge that you have full responsibility for the Content,
including but not limited to, with respect to its legality, and its trademark,
copyright and other intellectual property ownership.
You agree that any Content submitted
by you in response to a request by us for a specific submission may be edited,
adapted, modified, recreated, published, or distributed by us. You further
agree that we are under no obligation to maintain any Content in confidence, to
pay compensation for any Content or to respond to any Content.
You agree that you will not post,
distribute or share any Content on our website that is protected by copyright,
trademark, patent or any other proprietary right without the express consent of
the owner of such proprietary rights. You further agree that your Content will
not be unlawful, abusive or obscene nor will it contain any malware or computer
viruses that could affect our website’s operations. You will be solely liable
for any Content that you make and its accuracy. We have no responsibility and
assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your
ability to post on our website and to remove and/or delete any Content that we
deem objectionable. You consent to such removal and/or deletion and waive any
claim against us for the removal and/or deletion of your Content.
7.
Your Personal Information
Please see our Privacy Policy to
learn about how we collect, use, and share your personal information.
8.
Errors and Omissions
Please note that our website may
contain typographical errors or inaccuracies and may not be complete or
current. We reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time, without prior notice
(including after an order has been submitted). Such errors, inaccuracies or
omissions may relate to product descriptions, pricing, promotion and
availability and we reserve the right to cancel or refuse any order placed
based on incorrect pricing or availability information, to the extent permitted
by applicable law.
We do not undertake to update,
modify or clarify information on our website, except as required by law.
9.
Disclaimer and Limitation of
Liability
You assume all responsibility and
risk with respect to your use of our website, which is provided “as is” without
warranties, representations or conditions of any kind, either express or implied,
with regard to the information accessed from or via our website, including
without limitation to, all content and materials, and functions and services
provided on our website, all of which are provided without warranty of any
kind, including but not limited to warranties concerning the availability,
accuracy, completeness or usefulness of content or information, uninterrupted
access, and any warranties of title, non-infringement, merchantability or
fitness for a particular purpose. We do not warrant that our website or its
functioning or the content and material of the services made available thereby
will be timely, secure, uninterrupted or error-free, that defects will be
corrected, or that our websites or the servers that make our website available
are free of viruses or other harmful components.
The use of our website is at your
sole risk and you assume full responsibility for any costs associated with your
use of our website. We will not be liable for any damages of any kind related
to the use of our website.
In no event will we, or our
affiliates, our or their respective content or service providers, or any of our
or their respective directors, officers, agents, contractors, suppliers or
employees be liable to you for any direct, indirect, special, incidental,
consequential, exemplary or punitive damages, losses or causes of action, or
lost revenue, lost profits, lost business or sales, or any other type of
damage, whether based in contract or tort (including negligence), strict
liability or otherwise, arising from your use of, or the inability to use, or
the performance of, our website or the content or material or functionality
through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow
the limitation of liability or the exclusion or limitation of certain damages.
In such jurisdictions, some or all of the above disclaimers, exclusions, or
limitations. This may not apply to you and our liability will be limited to the
maximum extent permitted by law.
10.
Indemnification
You agree to defend and indemnify
us, and hold us and our affiliates harmless,, and our and their respective
directors, officers, agents, contractors, and employees against any losses,
liabilities, claims, expenses (including legal fees) in any way arising from,
related to or in connection with your use of our website, your violation of the
Terms, or the posting or transmission of any materials on or through the
website by you, including but not limited to, any third party claim that any
information or materials provided by you infringe upon any third party
proprietary rights.
11.
Entire Agreement
The Terms and any documents
expressly referred to in them represent the entire agreement between you and us
in relation to the subject matter of the Terms and supersede any prior
agreement, understanding or arrangement between you and us, whether oral or in
writing. Both you and we acknowledge that, in entering into these Terms,
neither you nor we have relied on any representation, undertaking or promise
given by the other or implied from anything said or written between you and us
prior to such Terms, except as expressly stated in the Terms.
12.
Waiver
Our failure to exercise or enforce
any right or provision of the Terms will not constitute a waiver of such right
or provision. A waiver by us of any default will not constitute a waiver of any
subsequent default. No waiver by us is effective unless it is communicated to
you in writing.
13.
Headings
Any headings and titles herein are
for convenience only.
14.
Severability
If any of the provisions of the
Terms are determined by any competent authority to be invalid, unlawful or
unenforceable, such provision will to that extent be severed from the remaining
Terms, which will continue to be valid and enforceable to the fullest extent
permitted by law.
15.
Governing Law
Any disputes arising out of or
relating to the Terms, the Privacy Policy, use of our website, or our products
or services offered on our website will be resolved in accordance with the laws
of the Province of Tanzania without regard to its conflict of law rules. Any
disputes, actions or proceedings relating to the Terms or your access to or use
of our website must be brought before the courts of the Province of Tanzania in
the City of Dar-es-salaam,Illala and you irrevocably consent to the exclusive
jurisdiction and venue of such courts.
16.
Questions or Concerns
Please send all questions, comments
and feedback to us at fatmassnt.co.tz.