All Rights Reserved – 2019
Terms & Conditions of Use & Sale
Welcome to Kawawamk.com
This website is owned and maintained by Kawawa Digital Services LTD.
We are a registered entity in Malawi and in other countries where we may trade under a different name. Our offices are located in Lilongwe and Blantyre.
Kawawa Market provides online features and other products and services to you when you visit or shop at www.kawawamk.com, Kawawa Mobile App and any other Kawawa owned platforms.
Please read these conditions carefully before using Kawawa Services.
On our E-Commerce platforms we sell our products and third-party products to you based on the conditions set out on this page.
Kawawa website and Kawawa mobile app operates in other countries as well and Kawawamk.com is the trading name for Kawawa in Malawi.
By using Kawawa Services, you indicate your agreement to be bound by these conditions. We offer a wide range of services on our platforms and sometimes separate terms and conditions may be applied.
When you use any of our Services and platforms you will also be subject to the terms, guidelines and conditions applicable to that specific Service.
Conditions of Use
In addition to these detailed Conditions of Use, and the Terms found apply to any software including any updates or upgrades to the software and any related documentation that Kawawa makes available to you from time to time for your use in connection with any of our Services.
I. You can use our Software but only restricted for its intended purposes of enabling you to use and enjoy the Kawawa Services as provided and intended across any of our platforms.
II. You may not incorporate any portion of our platforms into your own Software or crone any portion of it in combination with your own programs, transfer it for use with another service.
III. You may not use our Software platforms for any illegal purpose.
IV. You may not use any of our platforms in a way that promotes hatred.
V. You may not use any of our platforms in a way that promotes cyber bullying or any form of cyber crime.
VI. You may not use any of our platforms in a way that promotes theft or corruption.
VII. You may not use any of our platforms in a way that causes annoyance, inconvenience or anxiety.
Kawawa uses sophisticated algorithms and active scripts to monitor platform usage. Where there is a breach of our terms and conditions, we preserve the right to automatically without notice terminate your rights to use our platforms and if the breech constitutes a criminal activity, we are obligated by law to report such incidents to relevant authorities.
In order to keep our Software secure, relevant and up to date, we may offer automatic or manual updates at any time and without notice to you.
When you use any Kawawa Services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the mobile app and other services such as our Support Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
Personalisation & Recommendations
To help us offer you a much more meaningful and tailor-made experience, we use automated algorithms on our platforms to inform us of your interests and browsing tendencies. Using this information that our systems analyse, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalise your experience.
Kawawa has several patents and any all patents apply to the overall Kawawa service offering and to the features and services accessible via the Kawawa Services including those services under license of one or more patents.
Copyrights & Database Rights
All content included in or made available through any Kawawa Services and system platforms such as our logos, images, videos, audio, graphics, button icons, audio clips, digital downloads and data compilations is the property of Kawawa or its content suppliers and is protected by international copyright, authors' rights and database right laws.
You may not extract and/or re-utilise parts of the content of any Kawawa Service without our express written consent. You may not utilise any data mining, robots, or similar data gathering and extraction tools to extract for re-utilisation any substantial parts of the content of any Kawawa Service, without our written consent. You may also not create and/or publish your own database that features any of our content without our express written consent.
Your Kawawa Account
We have given you the ability to create your own account on our systems to use and be able to access certain Kawawa Market services on our platforms.
Your online safety is a priority to us, and we have carefully designed our platforms to give you the best service whilst maintaining your online protection. However, you are responsible for maintaining the confidentiality of your account details including your password and any other private details. If you are accessing any of our platforms from a shared mobile phone or a shared computer, to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.
Comments, Reviews & Ratings
When you have an account on Kawawa Market, you are given the ability to comment, post reviews, rate sellers and make other active communication actions on the platform like submitting ideas, suggestions, questions and much more. You are hereby reminded to avoid transmitting or submitting and content that is illegal, abusive, defamatory, threatening and violating of intellectual property rights. Do not impersonate any entity nor another person. Do not use a false e-mail address, impersonate any person or provide false information.
Kawawa give the ability to multiple third-party sellers to list and sell their products at www.kawawamk.com. Our role is to provide a digital market and facilitate the processes of trade between buyers and sellers.
In this case Kawawa functions as a platform provider for trade transactions that are carried out on our systems. We are neither the buyer nor the seller of the seller's items. We merely provide a venue for sellers and buyers to negotiate and complete transactions. Each time a trade takes place, by definition, it constitutes a contract between the buyer and the seller. The contract hereby formed at the completion of a sale for these third-party products is solely between the buyer and seller. Kawawa completely isolated from this contract. Kawawa is not part of the contract and it doesn’t have any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
As part of our commitment and passion, we will do our very best to ensure that our platforms are highly available and uninterrupted. However, due to the nature of the internet and other third-party dependences, we can guarantee this. It is important to note that at times your access to our platforms may be restricted to allow us to perform maintenance and repairs activities on our systems. Kawawa will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Kawawa Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any course which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
We reserve the right to make changes to any Kawawa Services, policies, terms and conditions including these Conditions Use. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Kawawa Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Children & Minors
We do not sell to children or minors who by law are not at the age of assuming legal responsibility. We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under the legal age, you may use the Kawawa Services only with the involvement of a parent or a guardian.
The following section of Terms and conditions are relevant to sellers on Kawawa Market.
Your identity & Representation
You can sell on Kawawa Market as an individual and or as a business. If you are an individual seller, we require you to be at least of a legal age (18 years old) and ensure that your personal details you provide to us are accurate.
If you are a business, you represent and warrant to us that:
a. You are duly organised, validly existing and in good standing under the laws of the country.
b. You have all requisite rights, power and authority to enter into this Agreement and perform your obligations and grant the rights, licences and authorisations you grant hereunder
c. any information provided or made available by you is accurate and complete, and you will promptly update such information as necessary to ensure it is always up to date and remains accurate and complete
d. you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties to conduct business in the country.
We are committed to making Kawawa Market a platform where Customers trust that they can always buy with confidence and with ease of mind. As a seller, you should share in this initiative with the knowledge that it is of a huge benefit to you as a seller that customers are able to trust that they will be treated with integrity and honesty.
To help achieve this commitment, all the products that you list to sale on Kawawa Market must comply with these terms and conditions for all sellers on our platform. This compliance also includes all applicable Kawawa policies and any other laws. Before listing products on Kawawa, please ensure that you understand and agree to these Terms & Conditions.
Kawawa Commission and Fees
By listing your products on Kawawa Market, you are agreeing for us to collects a commission on each sale you make. This commission is only collected if there is a successful sale. The commission is a percentage of the product price that you indicate on your product. Kawawa May revise this percentage from time to time but you will certainly be informed of any changes before you list your products.
We believe in end-to-end transparency and as such we have made it possible for you to immediately see how the Kawawa commission as you list a product.
Our promise to you:
a. We will never increase the commission for already listed products
b. We don’t have any hidden fees apart from the indicated commission
When you sell your products on Kawawa Market, we will give you your money within 2 weeks unless there are other unforeseeable constraints.
We give a window of two weeks to allow us to process your payment accurately but also to protect customers’ rights in ensuring that they are no disputes over the product they bought and the product you supplied. You will be able to track all your payments via your account on Kawawa Market.