Last updated on 18th October, 2020
Welcome to the Sesaia website (the “Site”). These terms and conditions of use (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by Spaik Technologies, Rina Plazza Wakaliga, Kampala
Sesaia is a market place which is open for everybody to sell their products on our Site. None of the products listed on the Site are owned or sold by Sesaia, neither is Sesaia involved in the actual sale transaction between the buyers and sellers on its Site. For the purpose of this website “we”, us” and “our” all refer to Sesaia.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Terms and Conditions of Use, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms and Terms and Conditions of Use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Terms and Conditions of Use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Terms and Conditions of Use constitutes your acceptance of those changes.
By using Sesaia, you agree to these conditions
We offer a wide range of Sesaia services, and sometimes additional terms may apply. When you use an Sesaia (for example, Your Profile, Gift Cards, Your Media Library) you also will be subject to the guidelines, terms and agreements applicable to that Sesaia (“Service Terms”). If these Terms and Terms and Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the ‘Sesaia’ Privacy and Confidentiality Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the ‘Sesaia’ Privacy and Confidentiality Policy. If you object to your information being transferred or used in this way please do not use our services.
When you use Sesaia, 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 site or through the other Sesaia, 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.
All content included in or made available through any Sesaia, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Sesaiaor its content suppliers and protected by Uganda and international copyright laws. The compilation of all content included in or made available through any Sesaia is the exclusive property of Sesaiaand protected by Uganda and international copyright laws.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Terms and Conditions of Use and any Service Terms, and your payment of any applicable fees, Sesaia or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sesaia. This license does not include any resale or commercial use of any Sesaia, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sesaia or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use or any Service Terms are reserved and retained by Sesaia or its licensors, suppliers, publishers, rights holders, or other content providers. No Sesaia, nor any part of any Sesaia, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sesaia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sesaia without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sesaia’s name or trademarks without the express written consent of Sesaia. You may not misuse the Sesaia. You may use the Sesaia only as permitted by law. The licenses granted by Sesaia terminate if you do not comply with these Terms and Conditions of Use or any Service Terms.
You may need your own Sesaia account to use certain Sesaia, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Sesaia does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sesaia only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Sesaia Household. Alcohol listings on Sesaia are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol. Sesaia reserves the right to refuse service, terminate accounts, terminate your rights to use Sesaia, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
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. Sesaia reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Sesaiaa nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Sesaia and sublicensees the right to use the name that you submit in connection with such content, if they choose. 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 Sesaia for all claims resulting from content you supply. Sesaia has the right but not the obligation to monitor and edit or remove any activity or content. Sesaia takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Sesaia are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Sesaia does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Sesaia does not take title to the refunded item.
Sesaia attempts to be as accurate as possible. However, Sesaia does not warrant that product descriptions or other content of any Sesaia is accurate, complete, reliable, current, or error-free. If a product offered by Sesaia itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Sesaia and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Sesaia.
With respect to items sold on Sesaia, we cannot confirm the price of an item until you order. Despite our best efforts, a sSesaia number of the items in our catalog may be mispriced. If the correct price of an item sold by Sesaiais higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than Sesaia operate stores, provide services or software, or sell product lines through the Sesaia. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Sesaia. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Sesaia does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms and Conditions of Use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BUYER AND SELLER BOTH AGREE THAT SESAIA WOULD BE HELD FREE FROM ANY LIABILITY IN CONTRACT, PRE-CONTRACT OR OTHER REPRESENTATIONS, IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS FOR ANY ECONOMIC LOSSES, SUCH AS, BUT NOT LIMITED TO PROFITS, ANTICIPATED SAVINGS, REVENUES, CONTRACTS OR GENERAL BUSINESS; LOSS OF GOODWILL OR REPUTATION; AND ANY SPECIAL OR INDIRECT LOSSES SUFFERED OR INCURRED BY ANY OF THE PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PROVISIONS OF ANY MATTER UNDER THESE TERMS AND CONDITIONS. THE BUYER AND THE SELLER ACCEPT THAT THE SESAIA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF CONTENT OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE WEBSITE AND ACCEPT NO LIABILITY OF ANY KIND FOR ANY LOSS OR DAMAGE FROM ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE. THE BUYER AND THE SELLER ACCEPT THAT THE SESAIA DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN ADDITION, THE SITE AND THE SERVICES ARE PROVIDED “AS IS, WHERE IS” AND AS AND WHEN AVAILABLE, AND TO THE EXTENT PERMISSIBLE BY LAW ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, WHETHER IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY TERMS AS TO SKILL AND CARE OR TIMELINESS OF PERFORMANCE, ARE EXCLUDED.
THE SESAIA AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SESAIA ARE PROVIDED BY SESAIAON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SESAIAMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SESAIA, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SESAIA SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SESAIA SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SESAIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SESAIADOES NOT WARRANT THAT THE SESAIA, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SESAIA, SESAIA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SESAIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SESAIAWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SESAIA, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SESAIA, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Sesaia service, or to any products or services sold or distributed by Sesaia or through Sesaia.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in Sesaia claims court if your claims qualify. THE arbitration and conciliation act apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Uganda in English and governed by Ugandan law pursuant to the Arbitration and Conciliation Act of Uganda 2000, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Uganda and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
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. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Sesaia, you agree that the Arbitration and Conciliatory Act of Uganda, applicable Uganda law, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Sesaia.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your use of Sesaia. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity