Effective Date: January 20, 2023
Welcome to SIKAZe web and mobile application
These terms and conditions ( “Agreement” or “Terms” ) govern your use of the sikaze.com website (the “Site” ), related SIKAZe mobile application(s) available to Zambian residents (the “App(s)” ), any other written, electronic, and oral communications with SIKAZe, or any websites, pages, features, or content owned and operated by us (collectively, including the Site and Apps, the “Services” ). You must be age 16 or older to use the Services.
THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.
1.1 Ownership. The Site and the Apps are owned by SIKAZZ ENTERPRISES. The Services are intended to promote the Company’s products and services available in Zambia.
1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. By continuing to use or access any of the Services or otherwise engaging with SIKAZe after the posting of changes, you accept and agree to any such changes.
2. USE OF OUR SERVICES
2.1 Use of Services. Subject to the terms and conditions of this Agreement, SIKAZe hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of personal, non-commercial, shopping for items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. You agree not to:
use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
- to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
- use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
- use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
- use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
- otherwise attempt to interfere with the proper working of the Service
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a SIKAZe user account (“User Account”), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your account, including your password, as well as any and all activity that occurs under your User Account. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password.
We reserve the right to terminate accounts and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the “Contact Us” section below.
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
While we strive to provide accurate information on the Site and Apps, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Site or the Apps is inaccurate at any time without prior notice, including after your order has been submitted. In the event we make a change to or cancel an order.
4.1 Prices and Orders. All product prices listed on the Site or on the Apps are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. A Retail Delivery Fee will be charged to you separately at the applicable rate on each order that is to be delivered to an address in Zambia
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation. All amounts are in Zambian Kwacha unless otherwise noted on the Site or in the App.
For a detailed description of our order process, please visit frequently asked questions How to Order. Credit cards are subject to verification and authorization by the card issuer. Registered users’ purchase and order history are available in the “My Orders” section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” on the Site or Apps, you are offering to purchase products from us, the acceptance of which is in our sole discretion; such confirmation (if any) will be communicated to you in the Order Confirmation.
If you detect an error in your order after the completion of the payment process, you should immediately contact us.
4.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the product you selected to purchase.
4.3 SIKAZeShip. The products sold on the Site and the App are stored at, and available to be shipped from, either a warehouse located in Lusaka(items shipped via the “SIKAZeShip” )
4.5 Return of product. Most products can be returned within 10 days from the purchase date by notifying us of your decision to do so via the respective function of the Site or App. Certain products are non-returnable as specified under our Return policy . Returns may only be made using our recommended delivery company. Based on your request, we will either exchange the product or refund you the purchase price (Free return shipping will only be available if it was our packaging error). The refund will made to your original method of payment at your election. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
- (1) Sexually explicit or pornographic content;
- (2) Profanity;
- (3) derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on their race or ethnic origin, religion, gender, disability, age, nationality, etc.;
- (4) incitements to violence or other dangerous activities;
- (5) terrorism or other criminal activities;
- (6) insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
- (7) harassment, bullying, or threats;
- (8) dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
- (9) transactions in cryptocurrencies;
- (10) false medical-related claims or contents;
- (11) content that infringes intellectual property rights;
- (12) content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
- (13) any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
5. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout, or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.