Terms of use of the Website

Sawa citi Ltd is a company registered in the Republic of Rwanda under the Law governing cooperative XXXXXX with Code XXXXXX, having its registered office at Avenue des Poids Lourds, at KN 7 Rd, Nyarugenge District, Muhima Sector, Ubumwe Cell in Insangano Village, City of Kigali, Rwanda. Sawa citi Ltd operates the Website, inclusive of its services (“Services”) or applications or application plug-ins (“Applications”): www.rwandamart.com (the “Website”) and all of its subdomains. These Terms and conditions constitute the entire agreement binding between the Parties with regard to the use of the content and this Website. Please read the terms carefully, and contact us if You have any questions.

Article 1. Understanding the terms

1.1. In this policy, when we refer to “We“, ”Us”, “Our” or “Ours”, we mean Sawa Citi Ltd.; and when we refer to “You”, “Your”, “Yours” or “Yourself” We mean You, the person or the company accessing or using (“User”) the Website; and together hereinafter referred to as “Parties”.

1.2. When using the term referred to as “Customer”, We mean the natural person (“Natural customer”) or corporation (“Legal customer”) who enters into an agreement with Us and/or is registered on the Website. Natural Customer shall mean one who has its own legal personality that is an individual human being, as opposed to a Legal customer. Legal customer shall mean a legal entity that is acting in a professional or commercial capacity.

Article 2. Application and Acceptance of these Terms and conditions

2.1. By using the Website, You agree to follow and be bound by these terms and conditions of use (the “Terms of Service”) and agree to comply with all applicable laws and regulations.

2.2. It is Your responsibility to review these Terms of Service periodically. If at any time You find these Terms of Service unacceptable or if You do not agree to these Terms of Service, please do not use this Website.

2.3. You agree that by using the website, You must be 18 years of age or older and You are legally able to enter into a contract. If You are under 18, You may use the Website only with involvement of a parent or guardian.

Article 3. Accounts

3.1 Should You need to register an account with us on the Website in order to access certain Services or Applications, You shall ensure that You protect Your login details from unwanted disclosure and You shall be responsible for any unauthorized use of Your account login details.

3.2 You are responsible for maintaining the confidentiality of Your account and password and for data analysis, restricting access to Your account, and You agree to accept responsibility for all activities that occur under Your account or password. We sell products for children, but We sell them to adults, who can purchase with a credit card or other permitted payment methods. If You are under 18, You may use the Website only with involvement of a parent or guardian.

3.3 We reserve the right to refuse service to anyone at any time without issuing any reasons, terminate accounts, terminate Your rights to use this Website, remove or edit content (review management is governed under Section 12 of these Terms of Service), or cancel orders in Our sole discretion.

Article 4. Validity

Acceptance of these Terms of Service constitute a valid contract under Article 158 of the Law N°24/2016 of 18/06/2016 governing Information and Communication Technologies in Rwanda.

Article 5. Representation

5.1. By accessing this Website, You agree not to:

    5.1.1. use the Website in any unlawful manner, for any unlawful purpose or in any manner inconsistent     with these Terms of Service.

    5.1.2. transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your     use of the Website.

5.2. We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform in order to access the Website and We recommend that You use Your own virus protection software.

5.3. When You use this Website or send e-mails, text messages, and other communications from Your desktop or mobile device to Us, You may be communicating with Us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website, and You can retain copies of these communications for Your records. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Article 6. Limitation of liability

6.1. The material in this Website is provided for general information only; We make no representations or warranties as to the accuracy or completeness of any material and information incorporated hereto.

6.2. The Website is made available free of charge. We do not guarantee that the Website, or any content herein, will always be available or be uninterrupted.

6.3. We shall not assume any form of liability in relation to third-party advertisements relayed through the Website.

6.4. The Website and its content, including any current or future offer of products or services, are provided on an “AS IS” basis, and may include inaccuracies or typographical errors. We make no warranty or representation as to the availability, accuracy or completeness of the content. Neither We nor any Our holding company, affiliate or subsidiary, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if We are expressly advised thereof.

6.5. We give You information on Our identity (e.g. company name, visiting address) and how to contact us in a convenient way (e.g. e-mail, social media, telephone) before You place an order. In case We operate on behalf of another Merchant We also inform You on their identity and the extent of Our responsibilities.

6.6. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Us for all claims resulting from content You supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by You or any third party.

Article 7. Intellectual property

7.1. We are the owners or licensees of all intellectual property rights in the Website and its content, Our name and mark and Our product names, images and packaging.
7.2. We may have independent third parties involved in the provision of the Website. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from Us.
7.3. None of the information on this Website may be copied, distributed or transmitted in any way for commercial use without express written consent from us. We reserve full ownership and intellectual property rights of any material downloaded from this Website.
7.4. At Your sole discretion, You may download or print one copy of any and all materials on this Website for personal, non-commercial use, provided that You do not modify or alter the material in any way, nor delete, alter or change any copyright, trademark or any other Intellectual Property therein. No advice or information, whether oral or written, obtained by You from Us or through or from the Website shall create any warranty not expressly stated herein.
7.5. All content included in or made available through the Website, its Services or Applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the Our property or Our content suppliers and protected by Rwanda and applicable international copyright laws.
7.6. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website, its Services or Applications are Our trademarks or trade dress in Rwanda and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not Our property, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us. All other trademarks not owned by Us that appear in the Website, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
7.7. We respect the intellectual property of others. If You believe that Your intellectual property rights are being infringed, please contact us using the contact information provided below.

Article 8. Governing law and jurisdiction

8.1. This Website strictly adheres to Rwandan Constitution of 2015 as revised up to date and is compliant with the Law on Prevention and Punishment of Cyber Crimes of 2018, the Law governing Information and Communication Technologies of 2016, and the Rwandan Penal Code of 2018. Any offences committed under any law during the use of this Agreement, shall be reported to the relevant Authorities as required by the law.

8.2. This Website is controlled, operated and administered by Us from Our offices within the Republic of Rwanda. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal and prohibited. If the User accesses this Website from locations outside of the Republic of Rwanda, that User is responsible for compliance with all local laws.

8.3. These Terms of Service shall be governed by the laws of the Republic of Rwanda. If any of the provisions of these Terms of Service are found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect.

Article 9. Privacy

9.1. We only collect and use Your personal information in accordance with Our Privacy Policy. You must read the Policy here.

9.2. The Website uses cookies, the use of which is governed by Our Cookies Policy. You must read the Policy here.

Article 10. Force majeure

We shall not be considered in breach of or default under these Terms of Service or any contract with Us, and shall not be liable to Us for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond Our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If an Event continues for more than 60 days in the aggregate, We may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.

Article 11. Dispute resolution and arbitration

11.1. We commit Ourselves to offering a transparent and easily accessible customer service and complaints handling system. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling Our Customer Care Center using the contact information provided below. If You contact Us, We will reply substantially within at least 3 working days in at least the language in which You have concluded the transaction and if possible in Your own language. In the unlikely event that We are unable to resolve Your complaint to Your satisfaction (or if has not been able to resolve a dispute it has with You after attempting to do so informally), You are advised to first file your Consumer right claim to Rwanda Utilities Regulatory Authority (RURA), the entity mandated to protect the rights of consumers the sector. Failure to reach a satisfying solution, We each agree to resolve those disputes through binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge and allows for more expeditious settlement of claims than a court does, and is subject to very limited review by courts.

11.2. The arbitration shall be by a single arbitrator to be appointed by the parties jointly and failing agreement by the Chairman for the time-being, of the Chartered Institute of Arbitrators, Rwandan Chapter. Such arbitration shall be conducted in Kigali and resolved in accordance with the Law of 2008 on arbitration and conciliation in commercial matters as amended up to date. When seeking arbitration You must first send to Us, using the contact form below, a written notice of dispute.

11.3. We inform You via the Safe.Shop trust mark logo, under the management of the Rwanda ICT Chamber for the country Rwanda, on every page of Our Website about how to file a complaint and the possibility to start an out-of-court dispute handling process with Safe.Shop as intermediate.

Article 12. Reviews, comments, communications, and other content

12.1. We may choose to use a review system. The review system adheres to the standards set forth by Us meaning that all reviews (both positive as well as negative ones) are shown in the same way and have been written by Users who have actually bought a product or service from the Website to which the review applies.
12.2. You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity 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” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. This right also applies to reviews written by Users who have not bought the product or service for which the review applies.
12.3. If You do post content or submit material, and unless We indicate otherwise, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Us and Our sub-licensees the right to use the name that You submit in connection with such content, if they choose.

 

Article 13. Change in these Terms of Service

These Terms of Service may be updated from time to time. In case of any changes, We will provide notice on this Website and We may notify you via email, prior to the change taking effect. We encourage You to periodically review this page for the latest version of these Terms of Service. If You continue to use the services after those changes are in effect, You agree to the revised Terms of Service.

Article 14. Contact information

Questions about these Terms of Service should be sent to Us by using Our contact form available at this link and choosing the subject “Terms and conditions of use of the Website”. Contact us here