General Terms and Conditions of Use
of the BuBu eMarket
for Buyers and Sellers
Contents
1. Introduction
2. Registration and account
3. Terms and conditions of sale
4. Returns and refunds
5. Payments
6. Store credit
7. Promotions
8. Rules about your content
9. Our rights to use your content
10. Use of website and mobile applications
11. Copyright and trademarks
12. Data privacy
13. Due diligence and audit rights
14. BuBu’s role as a BuBu eMarket
15. Limitations and exclusions of liability
16. Indemnification
17. Breaches of these general terms and conditions
18. Entire agreement
19. Hierarchy
20. Variation
21. No waiver
22. Severability
23. Assignment
24. Third party rights
25. Law and jurisdiction
26. Our company details and notices
Introduction
1.1. ”BuBu” is the online shopping trading name for the HUB4CYBER Ltd. HUB4CYBER Ltd ("BuBu” or “we”) operates an e-commerce platform
consisting of a website and mobile application (“BuBu Mobile”), together with supporting IT, logistics and
payment infrastructure, for the sale and purchase of consumer products and
services (“products”) in its allocated territory as defined at Appendix 1
(“territory”).
1.2. These general terms and conditions shall apply
to buyers and sellers on the BuBu eMarket and shall govern your use of the BuBu
eMarket and related services.
1.3. By using our BuBu eMarket, you accept these
general terms and conditions in full. If you disagree with these general terms
and conditions or any part of these general terms and conditions, you must not
use our BuBu eMarket.
1.4. If you use our BuBu eMarket in the course of a
business or other organizational project, then by so doing you:
1.4.1. confirm that you have obtained the necessary
authority to agree to these general terms and conditions;
1.4.2. bind both yourself and the person, company
or other legal entity that operates that business or organizational project, to
these general terms and conditions; and
1.4.3. agree that "you" in these general
terms and conditions shall reference both the individual user and the relevant
person, company or legal entity unless the context requires otherwise.
2. Registration and account
2.1. You may not register with our BuBu eMarket if
you are under 18 years of age (by using our BuBu eMarket or agreeing to these
general terms and conditions, you warrant and represent to us that you are at
least 18 years of age).
2.2. If you register for an account with our BuBu
eMarket, you will be asked to provide an email address/user ID and password and
you agree to:
2.2.1. keep your password confidential;
2.2.2. notify us in writing immediately (using our
contact details provided at section 26) if you become aware of any disclosure
of your password; and
2.2.3. be responsible for any activity on our BuBu
eMarket arising out of any failure to keep your password confidential, and you
acknowledge that you may be held liable for any losses arising out of such a
failure.
2.3. Your account shall be used exclusively by you
and you shall not transfer your account to any third party. If you authorize
any third party to manage your account on your behalf this shall be at your own
risk.
2.4. We may suspend or cancel your account, and/or
edit your account details, at any time in our sole discretion and without
notice or explanation, providing that if we cancel any products or services you
have paid for but not received, and you have not breached these general terms
and conditions, we will refund you in respect of the same. See section 4.2
below for further information about refunds.
2.5. You may cancel your account on our BuBu
eMarket by contacting us as provided at section 26.
3. Terms and conditions of sale
3.1. You acknowledge and agree that:
3.1.1. the BuBu eMarket provides an online location
for sellers to sell and buyers to purchase products;
3.1.2. we shall accept binding sales, on behalf of
sellers, but (unless BuBu is indicated as the seller) BuBu is not a party to
the transaction between the seller and the buyer; and
3.1.3. a contract for the sale and purchase of a
product or products will come into force between the buyer and seller, and
accordingly you commit to buying or selling the relevant product or products,
upon the buyer’s confirmation of purchase via the BuBu eMarket.
3.2. Subject to these general terms and conditions,
the seller’s terms of business shall govern the contract for sale and purchase
between the buyer and the seller. Notwithstanding this, the following
provisions will be incorporated into the contract of sale and purchase between
the buyer and the seller:
3.2.1. the price for a product will be as stated in
the relevant product listing;
3.2.2. the price for the product must include all
taxes and comply with applicable laws in force from time to time;
3.2.3. delivery charges, packaging charges,
handling charges, administrative charges, insurance costs, other ancillary
costs and charges, where applicable, will only be payable by the buyer if this
is expressly and clearly stated in the product listing; and delivery of digital
products may be made electronically;
3.2.4. products must be of satisfactory quality,
fit and safe for any purpose specified in, and conform in all material respects
to, the product listing and any other description of the products supplied or
made available by the seller to the buyer; and
3.2.5. in respect of physical products sold, the
seller warrants that the seller has good title to, and is the sole legal and
beneficial owner of, the products and/or has the right to supply the products
pursuant to this agreement, and that the products are not subject to any third
party rights or restrictions including in respect of third party intellectual
property rights and/or any criminal, insolvency or tax investigation or
proceedings; and in respect of digital products the seller warrants that the
seller has the right to supply the digital products to the buyer.
3.2.6. The Seller warrants that, where a product
sold has such terms, the Seller will provide detailed disclosure of the product
terms and conditions, any applicable warranty, and other terms necessary to
inform the buyer on the product and its usage in the specification section
provided on each product page.
4. Returns and refunds
4.1. Returns of products by buyers and acceptance of
returned products by sellers shall be managed by us in accordance with the
returns page on the BuBu eMarket, as may be amended from time to time.
Acceptance of returns shall be in our discretion, subject to compliance with
applicable laws of the territory. Refunds in respect of returned products shall
be managed inaccordance with the refunds page on the BuBu eMarket, as may be
amended from time to time. Our rules on refunds shall be exercised in our
discretion, subject to applicable laws of the territory. We may offer refunds,
in our discretion:
4.2.1. in respect of the product price;
4.2.2. in respect of local and/or international
shipping fees (as stated on the refunds page); and
4.2.3. by way of store credits, vouchers, mobile
money transfer, bank transfers or such other methods as we may determine from
time to time.
4.3. Returned products shall be accepted and
refunds issued by BuBu, acting for and on behalf of the seller. Notwithstanding
paragraphs 4.1 and 4.2 above, in respect of digital products or services and
fresh food, BuBu shall issue refunds in respect of failures in delivery only.
Refunds of payment for such products for any other reasons shall be subject to
the seller’s terms and conditions of sale.
4.4. Changes to our returns page or refunds page
shall be effective in respect of all purchases made from the date of
publication of the change on our website.
5. Payments
5.1. You must make payments due under these general
terms and conditions in accordance with the Payments Information and Guidelines
on the BuBu eMarket.
6. Store credit
6.1. Store credits may be earned and managed in
accordance with the BuBu Store Credit Terms and Conditions, as may be amended
from time to time. BuBu reserves the right to cancel or withdraw BuBu store
credit rewards for any reason in its discretion, including if we suspect fraud
or foul play. You can view the BuBu Store Credit terms and conditions and
information about your BuBu store credit account on our website and mobile
application.
7. Promotions
7.1. Promotions and competitions run by BuBu and/or
other promoters shall be managed in accordance with the Promotions Terms and
Conditions, where applicable. You can view Promotions Terms and Conditions
where they apply on our website or mobile application.
8. Rules about your content
8.1. In these general terms and conditions,
"your content" means:
8.1.1. all works and materials (including without
limitation text, graphics, images, audio material, video material,
audio[1]visual material, scripts, software and files) that you submit to us or
our BuBu eMarket for storage or publication, processing by, or onward
transmission; and
8.1.2. all communications on the BuBu eMarket,
including product reviews, feedback and comments.
8.2. Your content, and the use of your content by
us in accordance with these general terms and conditions, must be accurate,
complete and truthful.
8.3. Your content must be appropriate, civil and
tasteful, and accord with generally accepted standards of etiquette and
behaviour on the internet, and must not:
8.3.1. be offensive, obscene, indecent,
pornographic, lewd, suggestive or sexually explicit;
8.3.2. depict violence in an explicit, graphic or
gratuitous manner; or
8.3.3. be blasphemous, in breach of racial or
religious hatred or discrimination legislation;
8.3.4. be deceptive, fraudulent, threatening,
abusive, harassing, anti-social, menacing, hateful, discriminatory or
inflammatory;
8.3.5. cause annoyance, inconvenience or needless
anxiety to any person; or
8.3.6. constitute spam.
8.4. Your content must not be illegal or unlawful,
infringe any person's legal rights, or be capable of giving rise to legal
action against any person (in each case in any jurisdiction and under any
applicable law). Your content must not infringe or breach:
8.4.1. any copyright, moral right, database right,
trademark right, design right, right in passing off or other intellectual
property right;
8.4.2. any right of confidence, right of privacy or
right under data protection legislation;
8.4.3. any contractual obligation owed to any
person; or
8.4.4. any court order.
8.5. You must not use our BuBu eMarket to link to
any website or web page consisting of or containing material that would, were
it posted on our BuBu eMarket, breach the provisions of these general terms and
conditions.
8.6. You must not submit to our BuBu eMarket any
material that is orhas ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
8.7. The review function on the BuBu eMarket may be
used to facilitate buyer reviews on products. You shall not use the review
function or any other form of communication to provide inaccurate, inauthentic
or fake reviews.
8.8. You must not interfere with a transaction by:
(i) contacting another user to buy or sell an item listed on the BuBu eMarket
outside of the BuBu eMarket; or (ii) communicating with a user involved in an
active or completed transaction to warn themaway from a particular buyer,
seller or item; or (iii) contactinganother user with the intent to collect any
payments.
8.9. You acknowledge that all users of the BuBu
eMarket are solely responsible for interactions with other users and you
shallexercise caution and good judgment in your communication with users. You
shall not send them personal information including credit card details.
8.10. We may periodically review your content and
we reserve the right to remove any content in our discretion for any reason
whatsoever.
8.11. If you learn of any unlawful material or
activity on our BuBu eMarket, or any material or activity that breaches these
general terms and conditions, you may inform us by contacting us as provided at
section 26.
9. Our rights to use your content
9.1. You grant to us a worldwide, irrevocable,
non-exclusive, royalty[1]free license to use, reproduce,store, adapt, publish,
translate and distribute your content on our BuBu eMarket, and across our
marketing channels and any existing or future media.
9.2. You grant to us the right to sub-license the
rights licensed undersection 9.1.
9.3. You grant to us the right to bring an action
for infringement of the rights licensed under section 9.1.
9.4. You hereby waive all your moral rights in your
content to the maximum extent permitted by applicable law; and you warrant and
represent that all other moral rights in your content have been waived to the
maximum extent permitted by applicable law.
9.5. Without prejudice to our other rights under
these general terms and conditions, if you breach our rules on content in any
way, orif we reasonably suspect that you have breached our rules on content, we
may delete, unpublish or edit any or all of yourcontent.
10. Use of website and mobile applications
10.1. In this section 10 words “BuBu eMarket” and
"website” shall be used interchangeably to refer to BuBu’s websites and
mobile applications, You may:
10.2.1. view pages from our website in a web
browser;
10.2.2. download pages from our website for caching
in a web browser;
10.2.3. print pages from our website for your own
personal and non-commercial use, providing that such printing is notsystematic
or excessive;
10.2.4. stream audio and video files from our
website using the media player on our website; and
10.2.5. use our BuBu eMarket services by means of a
web browser,
subject to the other provisions of these general
terms and conditions.
10.3. Except as expressly permitted by section 10.2
or the other provisions of these general terms and conditions, you must not
download any material from our website or save any such material to your
computer.
10.4. You may only use our website for your own
personal and business purposes in respect of selling or purchasing products on
the BuBu eMarket.
10.5. Except as expressly permitted by these
general terms and conditions, you must not edit or otherwise modify any
material on our website.
10.6. Unless you own or control the relevant rights
in the material, you must not:
10.6.1. republish material from our website
(including republication on another website);
10.6.2. sell, rent or sub-license material from our
website;
10.6.3. show any material from our website in
public;
10.6.4. exploit material from our website for a
commercial purpose; or
10.6.5. redistribute material from our website.
10.7. Notwithstanding section 10.6, you may forward
links to products on our website and redistribute our newsletter and
promotional materials in print and electronic form to any person.
10.8. We reserve the right to suspend or restrict
access to our website, to areas of our website and/or to functionality upon our
website. We may, for example, suspend access to the website during server
maintenance or when we update the website. You must not circumvent or bypass, or
attempt to circumvent or bypass, any access restriction measures on the
website.
10.9. You must not:
10.9.1. use our website in any way or take any
action that causes, or may cause, damage to the website or impairment of the
performance, availability, accessibility, integrity or security of the website;
10.9.2. use our website in any way that is
unethical, unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity;
10.9.3. hack or otherwise tamper with our website;
10.9.4. probe, scan or test the vulnerability of
our websitewithout our permission;
10.9.5. circumvent any authentication or security systems
or processes on or relating to our website;
10.9.6. use our website to copy, store, host,
transmit, send, use, publish or distribute any material which consists of (or
is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger,
rootkit or other malicious computer software;
10.9.7. impose an unreasonably large load on our
website resources (including bandwidth, storage capacity and processing
capacity);
10.9.8. decrypt or decipher any communications sent
by or to our website without our permission;
10.9.9. conduct any systematic or automated data
collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to our website without our
express written consent;
10.9.10. access or otherwise interact with our
website using any robot, spider or other automated means, except for the
purpose of search engine indexing;
10.9.11. use our website except by means of our
public interfaces;
10.9.12. violate the directives set out in the
robots.txt file for our website;
10.9.13. use data collected from our website for
any direct marketing activity (including without limitation email marketing,
SMS marketing, telemarketing and direct mailing); or
10.9.14. do anything that interferes with the
normal use of our website.
11. Copyright and trademarks
11.1. Subject to the express provisions of these
general terms and conditions:
11.1.1. we, together with our licensors, own and
control all the copyright and other intellectual property rights in our website
and the material on our website; and
11.1.2. all the copyright and other intellectual
property rights in our website and the material on our website are reserved.
11.2. BuBu’s logos and our other registered and
unregistered trademarks are trademarks belonging to us; we give no permission
for the use of these trademarks, and such use may constitute an infringement of
our rights.
11.3. The third party registered and unregistered
trademarks or service marks on our website are the property of their respective
owners and we do not endorse and are not affiliated with any of the holders of
any such rights and as such we cannot grant any license to exercise such
rights.
12. Data privacy
12.1. Buyers agree to processing of their personal
data in accordance with the terms of BuBu’s Privacy Notice and Cookie Notice.
12.2. BuBu shall process all personal data obtained
through the BuBu eMarket and related services in accordance with the terms of
our Privacy Notice and Cookie Notice and Privacy Policy.
12.3. Sellers shall be directly responsible to
buyers for any misuse of their personal data and BuBu shall bear no liability
to buyers in respect of any misuse by sellers of their personal data.
13. Due diligence and audit rights
13.1. We operate an anti-fraud and anti-money
laundering compliance program and reserve the right to perform due diligence
checks on all users of the BuBu eMarket.
13.2. You agree to provide to us all such
information, documentation and access to your business premises as we may
require:
13.2.1. in order to verify your adherence to, and
performance of, your obligations under these terms and conditions;
13.2.2. for the purpose of disclosures pursuant to
a valid order by a court or other governmental body; or
13.2.3. as otherwise required by law or applicable
regulation.
14. BuBu’s role as a BuBu eMarket
14.1. You acknowledge that:
14.1.1. BuBu facilitates a BuBu eMarket for buyers
and third party sellers or BuBu, where BuBu is the seller of a product;
14.1.2. the relevant seller of the product (whether
BuBu is the seller or whether it is a third party seller) shall at all times
remain exclusively liable for the products they sell on the BuBu eMarket; and
14.1.3. in the event that there is an issue arising
from the purchase of a product on the BuBu eMarket, the buyer should seek
recourse from the relevant seller of the product by following the process set
out in BuBu’s Dispute Resolution Policy.
14.2. We commit to ensure that BuBu, or third party
sellers, as applicable, submit information relating to their products on the BuBu
eMarket that is complete, accurate and up to date and pursuant thereto:
14.2.1. the relevant seller warrants and represents
the completeness and accuracy of their information published on our BuBu
eMarket relating to their products;
14.2.2. the relevant seller warrants and represents
that the material on the BuBu eMarket is up to date; and
14.2.3. if a buyer has a complaint relating to the
accuracy or completeness of the product information received from a seller
(including where BuBu is the seller), the buyer can seek recourse from the
relevant seller by following the process set out in the BuBu Dispute Resolution
Policy.
14.3. We do not warrant or represent that the BuBu
eMarket will operate without fault; or that the BuBu eMarket or any service on
the BuBu eMarket will remain available during the occurrence of events beyond BuBu’s
control (force majeure events) which include but are not limited to; flood,
drought, earthquake or other natural disasters; hacking, viruses, malware or
other malicious software attacks on the BuBu eMarket; terrorist attacks, civil
war, civil commotion or riots; war, threat of or preparation for war; epidemics
or pandemics; or extra-constitutional events or circumstances which materially
and adversely affect the political or macro-economic stability of the territory
as a whole.
14.4. We reserve the right to discontinue or alter
any or all of our BuBu eMarket services, and to stop publishing our BuBu eMarket,
at any time in our sole discretion without notice or explanation; and you will
not be entitled to any compensation or other payment upon the discontinuance or
alteration of any BuBu eMarket services, or if we stop publishing the BuBu
eMarket.This is without prejudice to your rights in respect of any unfulfilled
orders or other existing liabilities of BuBu.
14.5. If we discontinue or alter any or all of our BuBu
eMarket in circumstances not relating to force majeure, we will provide prior
notice to the buyers and sellers of not less than fifteen (15) days with clear
guidance on the way forward for the pending transactions or other existing
liabilities of BuBu.
14.6. We do not guarantee any commercial results
concerning the use of the BuBu eMarket.
14.7. To the maximum extent permitted by applicable
law and subject to section 15.1 below, we exclude all representations and
warranties relating to the subject matter of these general terms and conditions,
our BuBu eMarket and the use of our BuBu eMarket.
15. Limitations and exclusions of liability
15.1. Nothing in these general terms and conditions
will:
15.1.1. limit any liabilities in any way that is
not permitted under applicable law; or
15.1.2. exclude any liabilities or statutory rights
that may not be excluded under applicable law.
15.2. The limitations and exclusions of liability
set out in this section 15 and elsewhere in these general terms and conditions:
15.2.1. are subject to section 15.1; and
15.2.2. govern all liabilities arising under these
general terms and conditions or relating to the subject matter of these general
terms and conditions, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the extent
expressly provided otherwise in these general terms and conditions.
15.3. In respect of the services offered to you
free of charge we will not be liable to you for any loss or damage of any
nature whatsoever.
15.4. Our aggregate liability to you in respect of
any contract to provide services to you under these general terms and
conditions shall not exceed the total amount paid and payable to us under the
contract. Each separate transaction on the BuBu eMarket shall constitute a
separate contract for the purpose of this section 15.4.
15.5. Notwithstanding section 15.4 above, we will
not be liable to you for any loss or damage of any nature, including in respect
of:
15.5.1. any losses occasioned by any interruption
or dysfunction to the website;
15.5.2. any losses arising out of any event or
events beyond ourreasonable control;
15.5.3. any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill;
15.5.4. any loss or corruption of any data,
database or software; or
15.5.5. any special, indirect or consequential loss
or damage.
15.6. We accept that we have an interest in
limiting the personal liability of our officers and employees and, having
regard to that interest, you acknowledge that we are a limited liability
entity; you agree that you will not bring any claim personally against our
officers or employees in respect of any losses you suffer in connection with
the BuBu eMarket or these general terms and conditions (this will not limit or
exclude the liability of the limited liability entity itself for the acts and
omissions of our officers and employees).
15.7. Our BuBu eMarket includes hyperlinks to other
websites owned and operated by third parties; such hyperlinks are not
recommendations. We have no control over third party websites and their
contents, and we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
16. Indemnification
16.1. You hereby indemnify us, and undertake to
keep us indemnified, against:
16.1.1. any and all losses, damages, costs,
liabilities and expenses (including without limitation legal expenses and any
amounts paid by us to any third party in settlement of a claim or dispute)
incurred or suffered by us and arising directly or indirectly out of your use
of ourBuBu eMarket or any breach by you of any provision of these general terms
and conditions or the BuBu codes, policies or guidelines; and
16.1.2. any VAT liability or other tax liability
that we may incur in relation to any sale, supply or purchase made through our BuBu
eMarket, where that liability arises out of yourfailure to pay, withhold,
declare or register to pay any VAT or other tax properly due in any
jurisdiction.
17. Breaches of these general terms and conditions
17.1. If we permit the registration of an account
on our BuBu eMarket it will remain open indefinitely, subject to these general
terms and conditions.
17.2. If you breach these general terms and
conditions, or if we reasonably suspect that you have breached these general
terms and conditions or any BuBu codes, policies or guidelines in any way we
may:
17.2.1. temporarily suspend your access to our BuBu
eMarket;
17.2.2. permanently prohibit you from accessing our
BuBu eMarket;
17.2.3. block computers using your IP address from
accessing our BuBu eMarket;
17.2.4. contact any or all of your internet service
providers and request that they block your access to our BuBu eMarket;
17.2.5. suspend or delete your account on our BuBu
eMarket;and/or
17.2.6. commence legal action against you, whether
for breach of contract or otherwise.
17.3. Where we suspend, prohibit or block your
access to our BuBu eMarket or a part of our BuBu eMarket you must not take any
action to circumvent such suspension or prohibition or blocking (including
without limitation creating and/or using a different account).
18. Entire agreement
18.1. These general terms and conditions and the BuBu
codes, policies and guidelines (and in respect of sellers the seller terms and
conditions) shall constitute the entire agreement between you and us in
relation to your use of our BuBu eMarket and shall supersede all previous
agreements between you and us in relation to your use of our BuBu eMarket.
19. Hierarchy
19.1. Should these general terms and conditions,
the seller terms and conditions, and the BuBu codes, policies and guidelines be
in conflict, these terms and conditions, the seller terms and conditions and
the BuBu codes, policies and guidelines shall prevail in the order here stated.
20. Variation
20.1. We may revise these general terms and
conditions, the seller terms and conditions, and the BuBu codes, policies and
guidelines from time to time.
20.2. The revised general terms and conditions shall
apply from the date of publication on the BuBu eMarket.
21. No waiver
21.1. No waiver of any breach of any provision of
these general terms and conditions shall be construed as a further or
continuing waiver of any other breach of that provision or any breach of any
other provision of these general terms and conditions.
22. Severability
22.1. If a provision of these general terms and
conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in effect.
22.2. If any unlawful and/or unenforceable
provision of these general terms and conditions would be lawful or enforceable
if part of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect.
23. Assignment
23.1. You hereby agree that we may assign,
transfer, sub-contract or otherwise deal with our rights and/or obligations
under these general terms and conditions.
23.2. You may not without our prior written consent
assign, transfer, sub-contract or otherwise deal with any of your rights and/or
obligations under these general terms and conditions.
24. Third party right
24.1. A contract under these general terms and
conditions is for our benefit and your benefit, and is not intended to benefit
or be enforceable by any third party.
24.2. The exercise of the parties' rights under a
contract under these general terms and conditions is not subject to the consent
of any third party.
25. Law and jurisdiction
25.1. These general terms and conditions shall be
governed by and construed in accordance with the laws of Uganda.
25.2. Any disputes relating to these general terms
and conditions shall be subject to the exclusive jurisdiction of the courts of
Law in Uganda.
26. Our company details and notices
26.1. You can contact us by using the contact shop@bubu.ug.
26.2. You may contact our sellers for after-sales
queries, including any disputes, by requesting their contact details, including
the full legal name of the Seller and where applicable the shop name, from BuBu
in accordance with the Dispute Resolution Policy, pursuant to which BuBu shall
be obliged to ensure that the seller is identifiable and clearly linked to the
transaction in question.
26.3. You consent to receive notices electronically
from us. We may provide all communications and information related to your use
of the BuBu eMarket in electronic format, either by posting to our website or
application, or by email to the email address on your account. All such
communications will be deemed to be notices in writing and received by and
properly given to you.
