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Terms & Conditions

Last updated: March 1, 2024

 

Welcome to Osokony Marketplace Platform ("Osokony")! These terms and conditions ("Terms") govern your use of our services, available at www.osokony.com, and any related services provided by Osokony (collectively referred to as the "Marketplace"). Whether you're browsing our website, utilizing our mobile applications, or engaging with our software, Osokony is committed to providing you with top-notch service and convenience. It's important to carefully read these terms and conditions before using the Marketplace to ensure a smooth and enjoyable experience.

 

Please read these terms and conditions carefully!

 

1.  Acceptance of Terms

By accessing or using Osokony Services, you agree to comply with the terms and conditions outlined herein, and all applicable laws and regulations on behalf of yourself, your household members, and any others who may use our services under your account. If you do not agree with any of these Terms, do not continue to use or access this Marketplace.

Our range of services is broad, and from time to time, additional terms may apply to specific offerings. When you use any Osokony Service, such as Your Profile, Gift Cards, Osokony Video, Your Media Library, Osokony devices, or Osokony applications, you are also subject to the respective guidelines, terms, and agreements associated with that particular service ("Service Terms"). In the event of any inconsistency between these Terms and Conditions of Use and the Service Terms, the Service Terms shall prevail.

 

2.  Definitions

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements:

2.1."The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, Osokony Marketplace Platform.

2.2.  "Osokony Marketplace Platform" refers to the online marketplace website www.osokony.com, and any associated mobile applications operated by Osokony Marketplace Platform.

2.3.  "User", "You" and "Your" refers to any individual or entity accessing or using Osokony Marketplace Platform.

2.4. "Seller" refers to any User who offers goods or services for sale on Osokony Marketplace Platform.

2.5. "Buyer" refers to any User who purchases goods or services on Osokony Marketplace Platform.

2.6. "Party", or "Parties", refers to both the User and ourselves, or either the User or ourselves.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

3.  Privacy

Please review our Privacy Policy, which also governs your use of Osokony Services, to understand our practices.

 

4.  Cookies

We employ the use of cookies. By using Osokony Market Platform's website you consent to the use of cookies in accordance with Osokony Market Platform’s Cookies Policy.

 

5.  License and Access

5.1. The intellectual property rights for all content on Osokony Market Platform are owned by Osokony and/or its licensors, unless stated otherwise. These rights are fully reserved. You are permitted to view and/or print pages from https://osokony.com solely for personal use, adhering to the limitations outlined in these terms.

5.2. Provided you abide by these Terms of Use, any applicable Service Terms, and settle any relevant fees, Osokony or its content providers offer you a restricted, non-exclusive, non-transferable, and non-sublicensable license to access and utilize the Osokony Services for personal, non-commercial purposes. This license does not extend to:

  • Resale or commercial exploitation of any Osokony Service or its contents.
  • Collection and utilization of product listings, descriptions, or pricing.
  • Derivative use of any Osokony Service or its contents.
  • Downloading, copying, or other usage of account information for third-party benefits.
  • Employment of data mining, robots, or similar data collection and extraction tools.

5.3. Any rights not explicitly granted to you in these Terms of Use or any Service Terms are reserved by Osokony or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of the Osokony Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise used for commercial purposes without Osokony’s express written consent. You are prohibited from framing or using framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Osokony without express written consent. The use of meta tags or any other "hidden text” featuring Osokony’s name or trademarks is not allowed without express written consent. Misuse of the Osokony Services is forbidden. The Osokony Services may only be used as permitted by law. The licenses granted by Osokony will be revoked if you fail to comply with these Terms of Use or any Service Terms.

 

6.  User Content

6.1. You retain ownership of any content you submit, post, or display on or through the Marketplace ("User Content").

6.2. By submitting, posting, or displaying User Content on or through the Marketplace, you grant Osokony a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods in accordance with our Privacy Policy.

 

7.  User Responsibilities

7.1. Age Requirement: Users must be at least 18 years old to use the Marketplace. By using the Marketplace, the User represents and warrants that s/he is at least 18 years old.

7.2. Account Security: Users are solely responsible for maintaining the confidentiality of their account credentials (username and password) and for all activities that occur under their account.

7.3. Accurate Information: Users agree to provide accurate and up-to-date information during registration and to promptly update any information that may change.

7.4. Legal Use: Users agree not to use the Marketplace for any illegal or unauthorized purpose. Users must comply with all applicable laws and regulations while using Osokony Marketplace Platform.

7.5. Business Use: Access to and use of the platform should be strictly for business purposes.

7.6. Content Responsibility: Users are responsible for ensuring that their content does not infringe on any third-party rights and complies with all laws and regulations.

7.7. Prohibited Activities: Users must not engage in fraud, impersonation, spamming, or any other illegal activities.

7.8. Non-Competition: Users cannot use the platform for activities that compete with Osokony’s e-commerce business.

7.9. Cooperation: Users agree to cooperate with Osokony for service provision and comply with terms to avoid account suspension or termination.

7.10. Business Representation: Users must ensure their business activities adhere to all applicable laws and regulations, including international trade laws and standards.

Note: Failure to comply with these responsibilities may result in termination of services and account closure. Users should cease using the Services immediately if they cannot meet these requirements.

 

8.  Prohibited Conduct

8.1. You agree not to engage in any of the following prohibited activities:

a) Violating any laws or regulations;

b) Infringing upon or violating our intellectual property rights or the intellectual property rights of others. You must not:

·      Republish material from https://osokony.com

·      Sell, rent or sub-license material from https://osokony.com

·      Reproduce, duplicate, or copy material from https://osokony.com

·      Redistribute content from Osokony Market Platform (unless the content is specifically made for redistribution).

c) Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity;

d) Interfering with or disrupting the Platform or servers or networks connected to the Platform;

e) Collecting or storing personal data about other users of the Platform;

f) Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Platform.

 

9.  Breach of Terms by User

9.1 Content Management: Osokony Marketplace reserves the right to remove, modify, or reject any content that users submit, post, or display on our platform if it is believed to:

  • Violate laws or regulations
  • Breach these Terms
  • Expose Osokony Marketplace or its affiliates to liability
  • Infringe on third-party rights
  • Harm the interests of members, third parties, or Osokony Marketplace and its affiliates
  • Be deemed inappropriate by Osokony Marketplace

9.2 Disciplinary Actions: In the event of a breach of Terms by a user, Osokony Marketplace may take disciplinary actions, including but not limited to:

  • Suspension or termination of the user’s account and any related accounts
  • Restriction, downgrade, suspension, or termination of service access or use
  • Removal of product listings or other user content, or limitation on the number of postings
  • Imposition of other restrictions on the use of platform features or functions
  • Any other necessary corrective actions or penalties

9.3 Breach Criteria: A user will be considered in breach of Terms if:

  • There is a complaint or claim from a third party indicating a failure to fulfill a contract
  • Suspected use of stolen credit card or misleading information in transactions
  • Provided information is suspected to be outdated, incomplete, untrue, inaccurate, or misleading
  • Actions are believed to potentially cause financial loss or legal liability to Osokony Marketplace, its affiliates, or other users

9.4 Cooperation with Authorities: Osokony Marketplace may cooperate with authorities in the investigation of suspected legal violations and disclose user information as required by law, without being liable for any resulting damages.

9.5 Service Use Limitation: Osokony Marketplace may limit, suspend, or terminate a user’s service use if notified of a breach involving dishonest or fraudulent activities with any Osokony Marketplace affiliate.

9.6 Indemnification: Users agree to indemnify Osokony Marketplace and its affiliates from damages, losses, claims, and liabilities arising from their content, use of the platform, or breach of Terms.

9.7 Liability for Content: Users acknowledge that Osokony Marketplace is not liable for any user content or material transmitted through the platform and that they don’t bear the risk of damage from such content. Osokony Marketplace may assume defense control of matters requiring user indemnification.

 

10.      Buying and Selling on Osokony Marketplace

10.1. Platform Services: Osokony’s website, www.osokony.com, serves as a digital marketplace facilitating the exchange of information between buyers and sellers. It offers a suite of web-based services enabling members to initiate, agree upon, execute, oversee, and complete online transactions for products and services, all within the framework of the Transaction Services Agreement. Osokony, however, does not act as an agent for either party in transactions and is not accountable for the transactional quality, safety, legality, or availability of marketplace offerings, nor the seller’s or buyer’s ability to finalize transactions.

10.2. Risk Awareness: Users should be aware of the potential risks involved in online dealings, particularly with entities that may misrepresent themselves. While Osokony employs various verification methods to check the reliability of information provided by users subscribing to paid services, absolute verification of user identity on the internet is challenging. Osokony cannot guarantee the true identity of any user, including paid members. Users are advised to employ multiple verification strategies and common sense when engaging in transactions.

10.3. Seller Obligations: Sellers are required to provide precise and comprehensive descriptions of their products or services, including details such as price, quantity, condition, and other pertinent information.

10.4. Buyer Responsibilities: Buyers must thoroughly examine product descriptions, images, and terms prior to making purchases. Osokony does not guarantee the quality, safety, legality, or authenticity of products or services listed by sellers.

10.5. Transactional Risks: Both Buyers and Sellers acknowledge the inherent risks associated with conducting purchase and sale transactions through Osokony Marketplace. These risks include, but are not limited to, misrepresentation, fraud, substandard quality, non-compliance with specifications, defective or hazardous products, illegal items, delivery or payment delays or defaults, cost miscalculations, warranty breaches, contract violations, and transportation mishaps. Users may also face risks related to third-party rights, including potential costs associated with defense or indemnification claims. Osokony disclaims liability for any damages or losses resulting from such transactional risks.

10.6. Contractual Terms: Buyers and Sellers are solely responsible for establishing and adhering to the terms and conditions of their transactions, including aspects such as payment, returns, warranties, shipping, insurance, fees, taxes, titles, licenses, fines, permits, handling, transportation, and storage, in accordance with the Transaction Services Agreement.

10.7. Information Provision: Users agree to supply all necessary information and materials for transactions conducted via Osokony Marketplace. Failure to do so may result in account suspension or termination by Osokony, without liability for any resulting losses or damages.

10.8. Dispute Resolution: In case of disputes between transaction parties, users agree to absolve and indemnify Osokony (including its agents, affiliates, directors, officers, and employees) from all related claims, demands, actions, costs, and damages.

10.9. Commercial Communication: Sellers assert, and Buyers recognize, that all seller-provided content is of a commercial nature.

 

11.       Payment Terms

11.1. Buyers agree to pay for any products or services purchased through the Platform, and sellers agree to deliver the products or services as described.

11.2. Osokony may collect fees for certain transactions conducted through the Platform. By using the Platform, you agree to the applicable fees and payment terms.

 

12.      Disclaimer of Warranties and Limitation of Liability

12.1. Disclaimer of Warranties: The services, including all information, content, materials, products, and other services, provided to you through Osokony Marketplace Platform are offered on an "as is" and "as available" basis. Osokony expressly disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge that your use of the Osokony services is at your sole risk.

12.2. Limitation of Liability: To the maximum extent allowed by applicable law, Osokony will not be responsible for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. This limitation applies to:

(a) your access to or use of or inability to access or use the services;

(b) any conduct or content of any third party using the services;

(c) any content obtained from the services; and

(d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Osokony has been informed of the possibility of such damage.

 

12.3. General Provisions: No advice or information, whether oral or written, obtained from Osokony or through the services, will create any warranty not expressly made herein. The total liability of Osokony for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).

12.4. By using the Osokony Marketplace Platform, you agree to indemnify and hold harmless Osokony, its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the services, your violation of these terms, or your violation of any rights of another.

 

13.      Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the Platform shall be resolved through negotiation, mediation, or arbitration as outlined in our Dispute Resolution Policy.

 

14.      Changes to Terms

Osokony maintains the authority to amend or substitute these Terms whenever necessary. In the event of a significant revision, we will ensure to give a minimum notice of 30 days before the implementation of the new terms. The determination of what constitutes a significant change lies exclusively with us.

We encourage you to familiarize yourself with our additional policies, including our pricing policy, available on this website. Your engagement with Osokony Services is also subject to these policies. We hold the authority to modify our website, policies, Service Terms, and these Conditions of Use as needed. Should any part of these conditions be found to be invalid, void, or unenforceable for any reason, such part will be considered detachable and will not impact the validity and enforceability of the remaining conditions.

 

15.      Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Uganda, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of Uganda.

 

16.      Contact Information

If you have any questions about these terms and conditions, please contact us via email at info@osokony.com.

 

17.      Entire Agreement

These terms and conditions, together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

By using this website, you signify your acceptance of these terms and conditions. If you do not agree to these terms and conditions, please do not use our website. Your continued use of the website following the posting of changes to these terms will be deemed your acceptance of those changes.