Introduction

Welcome to Owino Market Online. By accessing www.owinomarketonline.com and its related websites, services, applications or tools (Collectively referred to as “Owino Market Online”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Owino Market Online works for everyone. Owino Market Online is provided to you by Web Creations Uganda. These Terms of Use constitute a legally binding agreement between you and Web Creations Uganda and are effective as of 10 May 2020 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the “Create Account” button when registering a Owino Market Online account and by otherwise accessing Owino Market Online, including posting an ad.

Using Owino Market Online

As a condition of your use of Owino Market Online you agree that you will not:

  • violate any laws;
  • violate the Policies;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Owino Market Online or the interests or property of Owino Market Online users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Owino Market Online;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Owino Market Online and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from Owino Market Online or Owino Market Online’s copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Owino Market Online;
  • use any tool that interferes with the normal functioning of Owino Market Online, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Owino Market Online’s functionalities; or
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Owino Market Online and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of Owino Market Online either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Owino Market Online, we may, at our discretion, inform other Owino Market Online users that have been in contact with you and recommend that they exercise caution.

Abusing Owino Market Online

Owino Market Online and the Owino Market Online community work together to keep Owino Market Online working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Owino Market Online if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Owino Market Online employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Owino Market Online or not, we do not have any obligation to monitor the information transmitted or stored on Owino Market Online and we do not accept any liability for unauthorised or unlawful content on Owino Market Online or use of Owino Market Online by users.

Fees and Services

Using Owino Market Online is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Ugandan Shillings, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on Owino Market Online. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Owino Market Online fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Owino Market Online in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Owino Market Online users for any fees paid through use of Owino Market Online in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
  • If your ads went live with exposure on the Owino Market Online sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed in the Pets or Massage categories of Owino Market Online;
  • If your ads are placed into “edit” mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;

Content

Owino Market Online may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Owino Market Online ad while your ad is on Owino Market Online. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Owino Market Online’s sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Owino Market Online is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Owino Market Online policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Owino Market Online by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Owino Market Online.

Reporting an infringement:

In order to participate in the Notice of Infringement, you only need to complete send us an email at owinomarketonline.com. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Owino Market Online to identify the advertisement to be removed.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by Owino Market Online users do not infringe their copyright, trademark rights or other intellectual property rights.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Owino Market Online comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Data Protection and Privacy

By using Owino Market Online, you agree to the collection, transfer, storage and use of your personal information by Owino Market Online on servers located in the Netherlands.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from eBay exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

General

These terms and the other policies posted on Owino Market Online constitute the entire agreement between Owino Market Online and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Owino Market Online must be resolved by the courts of Uganda.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Owino Market Online website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using Owino Market Online please see use support@owinomarketonline.com