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PLEASE NOTE THAT BY USING THE SERVICES PROVIDED IN THIS SITE YOU SIGNIFY YOUR ACCEPTANCE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IT IS THEREFORE IMPORTANT THAT YOU CAREFULLY READ THESE TERMS AND CONDITIONS. YOU MAY ALSO SEEK INDEPENDENT LEGAL ADVICE ON THE SAME.
1. Introduction Fargoshopping.co.ke (hereinafter called “Fargoshopping”) is an online portal owned and operated by Wells Fargo Limited, a private limited liability company incorporated in Kenya of Post Office Box 43370-00100 Nairobi, Kenya (hereinafter called “Wells Fargo”).
2.1. Fargoshopping serves as a platform for third party sellers to advertise and sell their products and also for third party buyers to find and buy products listed by the sellers.
2.2. We are neither a seller nor a buyer of the products transacted on Fargoshopping.
2.3. Sellers who would like to list and sell their products on this platform must accept the Sellers’ Terms and Conditions set out separately in this site.
2.4. Buyers who would like to buy the products listed by the sellers on this platform must accept the Buyers’ Terms and Conditions set out separately in this site.
3. Mode of Communication
3.1. By using this service you agree to that the mode of communication is electronic and in particular through the internet. You agree that any communication either from you or us shall be electronic and in particular through the internet.
3.2. You agree that any agreements, contracts and/or other correspondence pertaining to the said agreements or contracts shall be electronic/internet-based. Any legal requirement as to form, for example, the requirement that the agreements or contracts be in writing, shall be deemed to be satisfied by the conclusion of the said agreements or contracts electronically through the internet, unless the specified otherwise by the relevant law.
4. Identity and Contractual Capacity
4.1. By using this service, you represent that you have disclosed your true identity or that of your organization.
4.2. If you are using this service on behalf an organization, you represent that the said organization is duly and legally recognized under the relevant laws and that you have been duly authorized to transact on behalf of the said organization.
4.3. By using this service you represent that you or your organization has the legal capacity and/or authority to enter into contracts.
4.4. Communications as well as contracts for the benefit of children under the age of Eighteen (18) years or persons of unsound mind shall be concluded by their parents or guardians or legally authorized representatives on their behalf.
4.5. We shall not be liable in the event that you or your organization lacks the requisite legal capacity and/or authority to do transactions on Fargoshopping.
4.6. We shall not be liable for contracts concluded with children under the age of Eighteen (18) years or persons of unsound mind.
5. Licence and Access
5.1. Provided that you abide by the provisions of these Terms and Conditions including payment of any applicable fees we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the services herein.
5.2. This licence does not include any resale or commercial use of any of our services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any our services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
6. Site Usage and Confidentiality
6.1. You agree to use your account maintained with us in a responsible manner and not operate it a way that contravenes applicable laws and as such we reserve the right to decline delete amend or edit any information that may be contrary to any law or the terms of usage of this service without any reference to you.
6.2. You represent and warrant that you have rights to the content that you post; that, as at the date that the content or material is posted:
6.2.1. the content and material is accurate; and
6.2.2. use of the content and material you supply does not breach any applicable law.
6.3. You agree to use your account in a confidential manner and keep your password and any other personal and secret information secure. You should therefore take all the necessary steps to ensure that your password and personal information are not disclosed to unauthorized persons.
6.4. You should ensure that the information disclosed to us is correct and complete and any change thereto be communicated to us.
6.5. We shall not be liable for any omission to use your account in a confidential, responsible and lawful manner as stated herein.
6.6. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the content and material you supply.
6.7. You may post reviews, comments; send e-cards; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
6.8. If you post content or submit material, and unless we indicate otherwise, you grant us or our sublicensees:
6.8.1. a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents, at our request.
7. Intellectual Property
7.1. Trade Marks
7.1.1. This website contains logos, names, brands, words, phrases, symbols, designs, images, graphics, page headers, button icons, scripts, service names etc or a combination of the foregoing elements that are distinctive and are used in respect of this service and belong to either us, sellers, buyers or other third parties who use this portal (collectively known as “Trade Marks”) and are protected by the applicable local as well as international laws.
7.1.2. The Trade Marks may not be used in respect of products or services that do not belong or authorized by us, the sellers, buyers or third parties or in manner would lower the image of the respective Trade Mark owner’s products or services.
7.2.1. The contents of this website, including software, text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations made available herein or any other product or service are either our copyrights or those of our affiliates, or third parties transacting on Fargoshopping and are duly protected by applicable local as well as international laws.
7.2.2. You may not extract and/or re-utilize parts of the content of this website or products or services hosted in this website without our express written consent or the respective third parties.
7.2.3. Unless express authority is given you may not incorporate any portion of any software found on this site into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license software or otherwise assign any rights to the software in whole or in part.
7.2.4. You may not circumvent, manufacture or distribute devices which are primarily designed or produced for the purpose of circumventing technical measures designed to protect the copyrights.
7.2.5. You may not remove or alter any electronic rights management information; or distribute, broadcast or make available to the public, protected works, records or copies from which electronic rights management information has been removed or has been altered without our express authority or that of respective third parties
7.2.6. You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of this website, without our express written consent of.
7.2.7. You may not create and/or publish your own database that features substantial parts our services (e.g. our prices and product listings) without our express written consent.
7.3. Patents, Utility Model or Industrial Designs
7.3.1. This site may disclose processes or products which are inventions that are our patents or patents of our affiliates, or third parties transacting on this site and are duly protected by applicable local as well as international laws.
7.3.2. This site may disclose any form, configuration or disposition of element of some appliance, utensil, tool, electrical and electronic circuitry, instrument, handicraft mechanism or other object that are our utility models or those of our affiliates, or third parties transacting on this site and are duly protected by applicable local as well as international laws.
7.3.3. This site may disclose any composition of lines or colors or any three dimensional form, whether or not associated with lines or colors object that are our industrial designs or those of our affiliates, or third parties transacting on this site and are duly protected by applicable local as well as international laws :
7.3.4. You may not make, import, offer for sale, sell or stock such product for the purposes of offering it for sale, selling or using the product pertaining to the patent, utility model or industrial design without our express authorization of or that of our affiliates, or third parties transacting on this site.
8. Fargoshopping as a Link
8.1. Fargoshopping other than being a platform for third party sellers and buyers to negotiate and conclude transactions, also provide links to the sites of other businesses.
8.2. We are not responsible for examining or evaluating the offers made on the links, and do not warrant or guarantee the offers, any of these businesses or individuals or the content of their websites.
9. Limitations of Liability and Force Majeure
9.1. In as much as we shall endeavor to ensure that our services are available and accurate, we cannot guarantee the availability or accuracy of the same because of factors beyond our control pertaining to Internet and given the routine or occasional need to maintain, repair or improve this website, the services may be temporarily interrupted or unavailable.
9.2. We shall not be liable in respect of any delay in performing or failure to perform any of our obligations hereunder if such delay or failure results from
9.2.1. acts or intervention of Government or Government agencies,
9.2.2. fire, flood or explosion,
9.2.3. Act of God,
9.2.4. declared or undeclared war, or riots or civil commotion,
9.2.5. strikes or other industrial disputes,
9.2.6. any act neglect or default of the other Party, or
9.2.7. any cause outside our reasonable control. No Waiver If you breach any of these terms and conditions, no failure or delay by us in exercising any claim, remedy, right, power or privilege shall operate as a waiver nor shall any single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereof or the exercise of any other claim, right or power.
10. Sever ability Any provision of these Terms and Conditions which is or may become illegal, invalid or unenforceable, shall be severed from the balance of the Terms and Conditions without invalidating the remaining provisions or affecting the validity or unenforceable of such remaining provisions.
11. Amendments or Variations We reserve the right to amend or vary any provision of these Terms and Conditions at any time. Any such amendment or variation shall be binding on you as at the time they are posted on this site.
12. Governing Law and Jurisdiction of Courts The interpretation, construction and performance of these Terms and Conditions shall be governed exclusively by Kenyan law and you expressly submit to the exclusive jurisdiction of the Kenyan Courts.