Terms & Conditions

BACKGROUND:

            These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, wenahardware.com (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale and purchase of goods.  Please refer to the relevant documents relating to sale and purchase of goods via on Our Site.

1.            Definitions and Interpretation

1.1          In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2.              Information About Us

2.1          Our Site is owned and operated by Us.

2.2          Our VAT number is <<insert VAT number>>.

2.3          Our Site offers these types of services i.e.

a)    WENA Hardware Store-Order for construction materials and get them delivered to your preferred location anywhere in Uganda. The listed products on Our Site are only available on order.

b)    WENA Global-Ship in building materials, unique finishes of your choice from all around the world as agents of the User. This can be stock or items for the User’s projects.

c)    WENA Professionals-industry experts both as certified professionals and experienced mansons with a track record of professionalism to offer affordable and reliable services.

d)    WENA Wallet-Create a save to build account and earn 10% per annum interest accrued daily and redeemed as building materials of choice anytime in accordance to Our Site Terms.

3.            Access to Our Site

3.1          Access to Our Site is free of charge.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3          Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.            Accounts

4.1          Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.

4.2          You may not create an Account if you are under 18 years of age.  If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.3          When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4          We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at info@wenahardware.com.  We will not be liable for any unauthorised use of your Account.

4.5          You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6          Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.

4.7          If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access. 

5.            Intellectual Property Rights

5.1          With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable Uganda and international intellectual property laws and treaties.

5.2          Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3          You may:

5.3.1     Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2     Download Our Site (or any part of it) for caching;

5.3.3     Print page(s) from Our Site;

5.3.4     Download extracts from pages on Our Site; and

5.3.5     Save pages from Our Site for later and/or offline viewing.

5.4          Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5          You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

6.            User Content

6.1          User Content on Our Site includes (but is not necessarily limited to) listings on the website, content submitted by users including product reviews, comments, queries and suggestions.

6.2          An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

6.3          You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

6.4          You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5          You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site subject to the Data Protection and Privacy Act 2019. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

6.6          If you wish to remove User Content from Our Site, the User Content in question will be deleted upon your written request to do so, which request will be complied with in a commercially reasonable time.

6.7          We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7.            Links to Our Site

7.1          You may link to Our Site provided that:

7.1.1     you do so in a fair and legal manner;

7.1.2     you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3     you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

7.1.4     you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2          You may link to any page of Our Site.

7.3          Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at info@wenahardware.com for further information.

7.4          You may not link to Our Site from any other site the main content of which contains material that:

7.4.1     is sexually explicit;

7.4.2     is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.4.3     promotes violence;

7.4.4     promotes or assists in any form of unlawful activity;

7.4.5     discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.4.6     is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7     is calculated or is otherwise likely to deceive another person;

7.4.8     is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9     misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10  implies any form of affiliation with Us where none exists;

7.4.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

7.4.12  is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.5          The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8.            Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9.            Disclaimers

9.1          Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. 

9.2          Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 

9.3          We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site. 

9.4          We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not