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 the sale and purchase of goods via 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:
“Account”
means an
account required for a User to access and/or use certain areas of Our Site, as
detailed in Clause 4;
“Content”
means any
and all text, images, audio, video, scripts, code, software, databases and any other forms of information capable of being stored on a computer that appears
on, or forms part of, Our Site;
“User”
means a user
of Our Site;
“User
Content”
means any
content submitted to Our Site by Users including, but not limited to, comments
or product reviews; and
“We/Us/Our”
2. Information About Us
2.1 Our Site is owned and operated by Us.
2.2 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 under
Clause 5 and Clause 7 of the Privacy Policy respectively.
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 labeled 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
