TERMS AND CONDITIONS

www.caawiye.com

Effective date: 15^th May 2024

1. Introduction

Welcome to Caawiye App. These Terms and Conditions ("Terms") govern your use of our e-commerce marketplace platform ("Platform"), accessible via www.caawiye.com and www.seller.caawiye.com (For “Vendors”), operated by Caawiye ("Company," "we," "us," or "our"). By accessing or using our Platform, you ("User," "you," or "your") agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not access or use our Platform.

These Terms constitute a legally binding agreement between you and Caawiye App. Please read them carefully. If you have any questions, please contact us at info@caawiye.com. By using our Platform, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms.

2. Definitions

For the purposes of these Terms:

• "Account" means a unique account created for you to access our Platform or parts of our Platform.
• "Content" means any text, images, video, audio, or other multimedia content, software, or other information or material submitted to, or on, the Platform.
• "Platform" means the website and application operated by Caawiye, including all associated features, functionalities, and services.
• "User" means any person who accesses or uses the Platform, whether registered or not.
• "Vendor" means a User who registers to sell products or services on the Platform.
• "You" and "your" means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.

3. Eligibility

To be eligible to use our Platform, you must meet the following criteria:

• You must be at least 18 years of age. If you are under 18, you may use the Platform only with the involvement of a parent or guardian.
• You must have the capacity to enter into a legally binding contract.
• You must not be a person barred from receiving services under the laws of the applicable jurisdiction.
• You must ensure that all information you provide to us is accurate, current, and complete.

By using the Platform, you represent and warrant that you meet all the eligibility requirements set forth in these Terms. If you do not meet all these requirements, you must not access or use the Platform.

4. Account Registration

To access certain features of the Platform, you must register for an Account. When registering for an Account, you agree to:

• Provide true, accurate, current, and complete information about yourself as prompted by our registration form ("Registration Data").
• Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
• Maintain the security and confidentiality of your Account login information and restrict access to your Account and your computer.
• Notify us immediately of any unauthorized use of your Account or any other breach of security.

You are responsible for all activities that occur under your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

5. User Obligations

As a User of our Platform, you agree to:

• Use the Platform only for lawful purposes and in accordance with these Terms.
• Not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.
• Not engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• Not violate any applicable laws or regulations in connection with your use of the Platform.
• Not infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights.

You are responsible for your interactions with other Users of the Platform. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

6. Prohibited Activities

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

• Copying, distributing, or disclosing any part of the Platform in any medium, including without limitation by any automated or non-automated "scraping."
• Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Platform in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser.
• Transmitting spam, chain letters, or other unsolicited email.
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform.
• Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
• Uploading invalid data, viruses, worms, or other software agents through the Platform.
• Collecting or harvesting any personally identifiable information, including account names, from the Platform.
• Using the Platform for any commercial solicitation purposes.
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.
• Interfering with the proper working of the Platform.
• Accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform.
• Bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or the content therein.

7. Vendor Registration and Obligations

If you wish to sell products or services on our Platform, you must register as a Vendor. As a Vendor, you agree to:

• Provide accurate, complete, and up-to-date information during the registration process and maintain and promptly update such information to keep it accurate, complete, and up-to-date.
• Comply with all applicable laws and regulations related to the sale of goods and services.
• Ensure that your listings are accurate and not misleading, including providing clear and accurate descriptions of the products or services you offer.
• Set a price for your products or services that reflects their value and complies with all applicable laws and regulations.
• Fulfill your sales in a timely and professional manner, including delivering the purchased products or services in the manner agreed upon with the buyer.
• Respond promptly to any customer inquiries or issues related to your products or services.
• Accept returns, provide refunds, or resolve disputes with buyers in accordance with our policies and any applicable laws.

We reserve the right to suspend or terminate your Vendor account if you violate these obligations or if we determine, in our sole discretion, that your actions are harmful to the Platform or its Users.

8. Product Listings and Descriptions

As a Vendor on our Platform, you are responsible for ensuring that all product listings and descriptions are accurate, complete, and not misleading. You agree to:

• Provide clear, accurate, and detailed descriptions of the products or services you offer, including but not limited to specifications, features, pricing, and any applicable warranties.
• Use high-quality images that accurately represent the products or services being sold.
• Update your listings promptly to reflect any changes in availability, pricing, or other relevant information.
• Ensure that your products or services comply with all applicable laws, regulations, and industry standards.

We reserve the right to remove any listings that we determine, in our sole discretion, to be inaccurate, misleading, or in violation of these Terms or any applicable laws.

9. Order Placement and Acceptance

Users can place orders for products or services through our Platform. By placing an order, you agree to:

• Provide accurate and complete information during the order process, including payment and shipping details.
• Review and confirm the details of your order before submitting it, as you may not be able to make changes once the order is placed.
• Acknowledge that your order constitutes an offer to purchase the products or services in accordance with these Terms.

Orders are subject to acceptance by the Vendor. The Vendor reserves the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in product information or pricing, or suspected fraud. If your order is refused or canceled, you will be notified, and any payment made will be refunded in accordance with our refund policy.

10. Pricing and Payments

All prices for products or services on the Platform are listed in the applicable currency and are inclusive of any applicable taxes, unless otherwise stated. By purchasing products or services through the Platform, you agree to:

• Pay the listed price, including any applicable taxes and shipping fees.
• Use a valid payment method accepted by the Platform, such as credit cards, debit cards, or other specified payment options.
• Provide accurate payment information and authorize us to charge the specified amount to your chosen payment method.

We reserve the right to change the prices of products or services at any time without prior notice. However, any changes will not affect orders that have already been placed and accepted.

11. Shipping and Delivery

Vendors are responsible for shipping and delivering the products to buyers in a timely and professional manner. By purchasing products through the Platform, you agree to:

• Provide accurate and complete shipping information to ensure proper delivery.
• Pay any applicable shipping fees as specified at the time of purchase.
• Acknowledge that delivery times are estimates and may vary based on factors such as shipping method, location, and Vendor processing times.

We are not responsible for any delays or failures in delivery that are outside our control, including but not limited to customs delays, carrier issues, or incorrect shipping information provided by the buyer.

12. Returns and Refunds

Returns and refunds for products purchased through the Platform are governed by our separate Refund Policy, which is incorporated by reference into these Terms. Please refer to the Refund Policy for detailed information on the process and conditions for returns and refunds.

13. Intellectual Property Rights

All content and materials on the Platform, including but not limited to text, graphics, logos, images, audio, video, software, and code, are the property of Caawiye or its licensors and are protected by applicable intellectual property laws. You agree not to:

• Copy, reproduce, distribute, or create derivative works based on any content from the Platform without our prior written consent.
• Use any trademarks, logos, or service marks displayed on the Platform without our prior written consent or the consent of the respective owners.

Your use of the Platform does not grant you any ownership rights or licenses to any intellectual property on the Platform, except as expressly provided in these Terms.

14. User-Generated Content

Users may have the opportunity to submit, post, or upload content to the Platform, including but not limited to reviews, comments, and other materials ("User-Generated Content"). By submitting User-Generated Content, you agree to:

• Grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media.
• Warrant that you own or have the necessary rights and permissions to use and authorize us to use the User-Generated Content as described above.
• Not submit any content that is unlawful, offensive, defamatory, obscene, infringing, or otherwise objectionable.

We reserve the right to remove or modify any User-Generated Content that we determine, in our sole discretion, to be in violation of these Terms or any applicable laws.

15. Third-Party Links and Services

The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Caawiye App. By using the Platform, you acknowledge and agree that:

• We are not responsible for the availability, accuracy, or content of such third-party websites or services.
• We do not endorse or assume any liability for any information, products, or services available on or through such third-party websites or services.
• Your use of any third-party websites or services is at your own risk and subject to the terms and conditions and privacy policies of those third parties.

16. Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please read our Privacy Policy carefully to understand how we collect, use, and disclose information about you. By using the Platform, you consent to our collection, use, and disclosure practices, and other activities as described in our Privacy Policy, in compliance with the Law on Protection of Personal Data in Guinea.

17. Cookie Policy

Our use of cookies and similar technologies is governed by our Cookie Policy, which is incorporated into these Terms by reference. The Cookie Policy explains how we use cookies to recognize you when you visit our Platform, to understand your preferences, and to provide you with a customized experience. By using the Platform, you consent to our use of cookies and similar technologies as described in our Cookie Policy, in accordance with the relevant laws and regulations of Guinea.

18. Disclaimers and Limitation of Liability

Disclaimers:

• The Platform and all content, products, and services available through the Platform are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, products, or services included on or otherwise made available to you through the Platform.
• We do not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the servers that make it available are free of viruses or other harmful components.
• To the fullest extent permitted by law in Somalia, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability:

• To the fullest extent permitted by law in Somalia, in no event shall Caawiye App, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Platform or any products procured using the Platform, or for any other claim related in any way to your use of the Platform or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
• Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19. Indemnification

You agree to indemnify, defend, and hold harmless Caawiye App and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party, in accordance with the laws of Somalia.

20. Termination and Suspension

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Platform. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of Somalia, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of the Republic of Somalia.

22. Dispute Resolution

Arbitration:

• For any dispute you have with Caawiye App, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that Caawiye App has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Caawiye App claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Arbitration and Mediation Centre of Somalia, under the arbitration rules and procedures then in effect for the Centre, except as provided herein. The arbitration will be conducted in Mogadishu.
• Each party will be responsible for paying any arbitration filing, administrative, and arbitrator fees in accordance with the rules of the Arbitration and Mediation Centre of Somalia, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses.

Exceptions:

• We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
• Notwithstanding the foregoing, you agree that Caawiye App may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

23. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

24. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent. If no such modification is possible, the provision shall be deemed severed from these Terms, and all other provisions shall remain in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by us on the Platform, constitute the entire agreement between you and Caawiye App regarding your use of the Platform. They supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Caawiye App with respect to the Platform.

26. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Caawiye App’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Caawiye App.

27. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any or all of our rights and obligations under these Terms to any third party at our discretion, without restriction. Any attempted assignment or transfer in violation of this provision shall be null and void.

28. Force Majeure

Caawiye App shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

29. Notices

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given (a) when delivered by hand, (b) when sent by certified or registered mail, return receipt requested, postage prepaid, (c) when sent by a recognized overnight delivery service, or (d) when sent by email with confirmation of receipt. Notices to you may be sent to the contact information you provided during registration. Notices to us should be sent to: [Insert Contact Information].

30. Contact Information

If you have any questions about these Terms, please contact us at:

Caawiye App Degmada Shibis, Masjid Rowda Email: info@caawiye.com Phone: 61 4 59 99 93