Member TOS Page

TERMS OF USE FOR MYKIBO

(LAST UPDATED AS OF: 9th February, 2022)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to www.mykibo.com! These Terms of Use describe the terms and conditions applicable to your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by MyKibo (defined below) from time to time which relate to (a) the MyKibo e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.MyKibo.com” and the mobile applications of the MyKibo.com e-commerce platform (the “MyKibo Sites”), (with MyKibo.com Sites collectively referred to as the “Sites”). This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “you”, “your”, “member” or “User” hereinafter) and the MyKibo contracting entity determined in accordance with clause 2.1 below (referred to as “we”, “our” or “MyKibo” hereinafter).

1.APPLICATION AND ACCEPTANCE OF THE TERMS

1.1 Your access to and use of the Sites and MyKibo”s services, software and products through the Sites, which shall include the platforms described in clause 7.1 of the Terms (such services, software, and products collectively referred to as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy (defined in clause 3.3 below), the Product Listing Policy, the Returns and Refunds Policy, the Delivery Policy, the Payment Policy and any other rules and policies of the Sites that MyKibo may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing and use of the Sites and Services provided by MyKibo, you agree to accept and be bound by these Terms of Use. Please do not access or use the Services or the Sites of MyKibo if you do not accept all of the Terms of Use as stipulated herein.

1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with MyKibo, or (b) you are not permitted to receive any Services under the laws of Rwanda or other countries/regions including the country/region in which you are resident or from which you access and use the Services and the Sites of MyKibo.

1.3 MyKibo may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.

1.4 If MyKibo has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.

1.5 You may be required to enter into a separate agreement(s), whether online or offline, with MyKibo or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.

1.6 The Terms may not otherwise be modified except in writing by an authorized officer of MyKibo.

2. PROVISION OF SERVICES

2.1 If you are a registered member of any of the Sites, and either (a) you are from a place outside mainland Rwanda; or (b) you access and use the MyKibo Sites from any of the Relevant Jurisdictions, you are contracting with MyKibo Rwanda Training & Trade Africa Ltd (incorporated in Rwanda with Company Reg. No. 111811698). As some or part of the Services may be supported and provided by affiliates of MyKibo, MyKibo may delegate some of the Services to its affiliates.

2.2 You must register as a member on the Sites in order to access and use some Services. Further, MyKibo reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that MyKibo may impose in our discretion.

2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. MyKibo may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.

2.4 MyKibo may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.

2.5 Some Services (or part thereof) may be provided by MyKibo”s affiliates on behalf of MyKibo.

2.6 Promotion Services provided by MyKibo pursuant to the terms hereunder shall include: 1) Top Ranking and Sponsored Listing; 2) services that benefit, promote, support, whether directly or indirectly, the business of User, the User”s brand, product, store, logo, trademark, service mark, User Content (as defined in clause 3.7 of the Terms) and/or derivative work using the User Content on software, applications, tools, browser extensions and/or platforms operated and/or controlled by MyKibo (“MyKibo Channels”) and/or on software, applications, channels, platforms, websites and/or any other forms of media that are operated and/or controlled by third parties (“Third Party Channels”); and 3) any such other services as may be announced by MyKibo from time to time.

MyKibo shall be entitled to, at its sole discretion, determine whether the Promotion Services or any part thereof will be available to you.

3. USERS GENERALLY

3.1 As a condition of your access to and use of the Sites or Services of MyKibo, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services of MyKibo.

3.2 You agree not to use the sites or services of MyKibo for any unlawful or abusive purpose or in any way that interferes with MyKibo, its devices or its affiliates.

3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with MyKibo, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MyKibo is strictly prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted by in these Terms of Use is strictly prohibited.

3.3 You must read the following documents which govern the protection and use of personal information about Users in the possession of MyKibo: a) for Users who access or use Sites relating to the “MyKibo e-commerce platform”, “the MyKibo Privacy Policy”.

3.4 MyKibo may allow Users to access the content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that MyKibo has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.

3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of MyKibo and/or any other User nor to gain unauthorized access to such computer systems or networks.

3.6 You agree not to undertake any action which may undermine the integrity of MyKibo”s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

3.7 By posting or displaying any logos, trademarks, service marks, brands, description/information in the product listings, and any other information, content or material on the Sites (any of such information, content or material, collectively referred to as “User Content”) or providing any User Content to MyKibo and/or its affiliates and their respective representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to MyKibo and/or its affiliates and their respective representative(s) to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using the User Content, remove any part of it (including, without limitation, the watermark or mark the User Content bears), and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner, on the Sites, MyKibo Channels and/or Third Party Channels and for any purpose which may be beneficial, whether directly or indirectly, to MyKibo, the operation of the Sites, the provision of any Services and Promotion Services and/or the business of the User. You confirm and warrant to MyKibo that you have all the rights, power and authority necessary to grant the above license and the User Content and use of such User Content (including derivative works) by MyKibo and/or its affiliates under such license is free from any infringement or violation of any Third Party Rights (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive all your rights to enforce your Intellectual Property Rights in the User Content against MyKibo and/or its affiliates, assignees or sub-licensees in connection with use of such User Content in connection with the Services. Information that is protected under data protection laws will only be used and kept in compliance with those laws.

4. MEMBER ACCOUNTS

4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with MyKibo”s approval, one User may only register one member account on the Sites. MyKibo may cancel or terminate a User”s member account if MyKibo has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Furthermore, MyKibo may reject User”s application for registration for any reason.

4.2 Upon registration on the Sites, MyKibo shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.

4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member”s own business entity (where applicable). Member agrees to notify MyKibo immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to MyKibo or other Users of the Sites. Member shall indemnify MyKibo, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member”s failure to maintain the security of your account, MyKibo shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member”s account without prejudice to MyKibo”s rights and interests.

5. MEMBER"S RESPONSIBILITIES

5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept these Terms of use, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use of the Sites and Services shall be for business purposes only; and (c) for Members who are business entities, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business shall be deemed to be that of your head office.

5.2 Member shall be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current, and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize MyKibo and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with MyKibo”s Privacy Policy.

5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) neither the Member nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products online.

5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:

a) be true, accurate, complete, and lawful;

b) not be false, misleading or deceptive;

c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;

d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements

f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, price gouging or false advertising) or promote any activities which may violate any applicable laws and regulations;

g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.

5.6 Each Member further represents, warrants and agrees that you shall/are:

a) carry on your activities on the Sites in compliance with any applicable laws and regulations;

b) conduct your business transactions with other users of the Sites in good faith;

c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;

d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);

e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

f) not engage in spamming or phishing;

g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;

h) not involve attempts to copy, reproduce, exploit or expropriate MyKibo”s various proprietary directories, databases and listings;

i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

j) not involve any scheme to undermine the integrity of the data, systems or networks used by MyKibo and/or any user of the Sites or gain unauthorized access to such data, systems or networks;

l) not engage in any activities that would otherwise create any liability for MyKibo or our affiliates.

5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to MyKibo”s e-commerce marketplace business.

5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.

5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for MyKibo”s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member”s failure to do so results in delay in, or suspension or termination of, the provision of any Service, MyKibo shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.

5.10 Member acknowledges and agrees that MyKibo reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. MyKibo does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

5.11 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.

5.12 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.

5.13 Each Member represents, warrants and agrees that

(a) you and your affiliates shall comply with applicable laws and regulations in conducting your respective business (including without limitation to applicable laws and regulations with respect to product safety, intellectual property rights, data privacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price gouging, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering).

(b) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted or proposed to be enacted by any country, international organization or jurisdiction;

(c) you and your affiliates are not offering products or services that would likely trigger any international trade restrictions, sanctions or other legal restrictions by any Relevant Subjects;

(d) neither you, or any of your parent companies or affiliates, directly or indirectly, deals with, or provides any funds, goods or services to Relevant Subjects;

(e) you will at all times comply with all applicable export control and sanctions laws and regulations with regard to products, services, software and technologies in using the Services, including sanctions resolutions, laws and regulations enacted and enforced by the UN Security Council, the Republic of Rwanda, the United States of America, and any other country;

(f) You and your affiliates are responsible for your products compliance with the laws and regulations of the country/region of destination, including with relevant labor laws and standards. If a product is not permitted in one or more markets, MyKibo or its affiliates reserve the right to remove the product listing from, OR STOP THE SALE OF ANY SUCH PRODUCT IN, those markets.

If, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately. If MyKibo reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, MyKibo may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to, terminating the provision of Services to you, closing relevant purchase orders, and terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its members.

6. FURTHER SITES" RESTRICTIONS

6.1 You will not access or otherwise use the Sites of MyKibo or its affiliates in any unlawful manner, for any unlawful purpose or in violation of these Terms, which includes but is not limited to the following:

a) You will not post any User Content that does not comply with these Terms;

b) You will not upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, hateful, racist, pornographic, tortuous, defamatory, vulgar, obscene, libelous, invasive of another”s privacy, hateful, or racially, ethnically or otherwise obscene, threatening, objectionable, or inappropriate as determined by the Company;

c) You will not harm minors in any way;

d) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;

e) You will not upload, post or otherwise transmit any material that you do not have a right under any law or under contractual or fiduciary relationships, including without limitation, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

f) You will not upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

g) You will not harvest or otherwise collect information about others, including email addresses, without their consent;

h) You will not post the same note more than once (i.e., “spamming”);

i) You will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Republic of Rwanda, any rules of any national or other securities exchange; and any regulations having the force of law;

j) You will not post business solicitations or promotions;

k) You will not use the Forums as a forwarding application to another website; and

l) You will not upload, post or otherwise transmit any material that contains viruses or other malicious technology designed to interrupt, destroy or limit the functionality.

6.2 You are solely responsible for your User Content, the consequences of making User Content, and your reliance on any User Content. MyKibo is not responsible for the consequences of any User Content, or for screening or monitoring User Content made to the App by users. If notified of User Content allegedly in violation of these Terms, MyKibo may investigate and determine at its sole discretion whether to remove such User Content.

7. FEEDBACK

Any ideas, suggestions, enhancement requests, feedback, recommendations, know-how, or concepts (“Feedback”) that are offered or communicated to MyKibo through the App or otherwise, are the property of MyKibo, and may be treated by MyKibo as non-confidential information. MyKibo shall have the unrestricted right to use and disclose such Feedback for any purpose without compensation or obligation to any party.

8. DISCLAIMERS OF WARRANTIES AND LIABILITY

A. MYKIBO, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL, RESULTS OR GUARANTEES IN RELATION TO THE OPERATION OF THEIT SITES AND MYKIBO DOES NOT MAKE ANY CLAIM THAT THE USE OF THE SITES WILL RESULT IN A PARTICULAR PROFIT OR PREVENT ANY LOSS FOR A USER.

B. MYKIBO, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS OF THEIR SITES. THERE MAY BE OMISSIONS OR INACCURACIES ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MYKIBO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SITES AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE INFORMATION CONTAINED HEREIN. MYKIBO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF OUR SITES OR THOSE OF OUR AFFILIATES OR ANY INFORMATION DISPLAYED ON THE SITES.

C. IN NO EVENT SHALL MYKIBO BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING, IN ANY WAY, OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SITES, EVEN IF MYKIBO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.

D. YOUR ABILITY TO ACCESS OUR SITES AND SERVICES MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE USER EXPRESSLY AGREES THAT USE OF THE SITES IS AT ITS OWN RISK. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU, OR PROVIDED TO MYKIBO BY YOU VIA THE SITES.

E. MYKIBO DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING, CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS SO THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER’S INFORMATION OR SYSTEM.

F. USER EXPRESSLY AGREES TO INDEMNIFY AND HOLD MYKIBO, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ AND EXPERTS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION TO THE SITES, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYKIBO, ITS AFFILIATES, OR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SITES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY MYKIBO, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITES, EVEN IF MYKIBO, ITS AFFILIATES, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER MYKIBO, ITS AFFILIATES, NOR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH MYKIBO DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES AND STRIKES OR OTHER LABOR PROBLEMS.

10. ALLOCATION OF RISK

10.1 In addition to the limitations on liability contained elsewhere in these General Terms of Use, you shall not hold MyKibo, its Affiliates, their respective partners, officers, employees, agents, licensors, distributors, and suppliers and/or Information Providers liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content, or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content, ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of MyKibo, its Affiliates, their respective partners, officers, employees agents, licensors, distributors, and suppliers and/or App and Information Provider, or iv) non-performance.

10.2 You shall indemnify and hold harmless MyKibo, its Affiliates, their respective partners, officers, employees agents, licensors, distributors, and suppliers and the Information Providers from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys” fees, arising from or relating to your (i) violation of these Terms; or (ii) access and/or use of, or interaction with the App and/or Content (including, without limitation, the Forums); or (iii) any act, error, or omission of your use of an account or any user of your account, in connection therewith.

11. BREACHES BY MEMBERS

11.1 MyKibo reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject MyKibo or our affiliates to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or MyKibo or our affiliates, or (vi) is otherwise found inappropriate in MyKibo”s sole discretion.

11.2 If any Member breaches any Terms, or if MyKibo has reasonable grounds to believe that a Member is in breach of any Terms, MyKibo shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member”s account and any and all accounts determined to be related to such account by MyKibo in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member”s use of any features or functions of any Service as MyKibo may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as MyKibo may deem necessary or appropriate in its sole discretion.

11.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

a) upon complaint or claim from any third party, MyKibo has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,

b) MyKibo has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty,

c) MyKibo has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or

d) MyKibo believes that the Member”s actions may cause financial loss or legal liability to MyKibo or our affiliates or any other Users.

11.4 MyKibo reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, to the extent fully permitted by applicable laws and policies, MyKibo may disclose the Member’s identity, contact information and/or information regarding the Member’s account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. MyKibo shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against MyKibo for such disclosure.

11.5 MyKibo may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member”s use of any Service or the Sites without being liable to the Member if MyKibo has received notice that the Member is in breach of any agreement or undertaking with any affiliate of MyKibo including without limitation to DHL, DPO Group, Equity Bank and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. MyKibo reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.

11.6 Each Member agrees to indemnify MyKibo, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.

11.7 Each Member further agrees that MyKibo is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including but not limited to fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. MyKibo reserves the right, at its own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with MyKibo in asserting any available defenses.

12. TRANSACTIONS BETWEEN BUYERS AND SELLERS

12.1 Through the Sites, MyKibo provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. MyKibo additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement. However, for any Services, MyKibo does not represent either the seller or the buyer in specific transactions. MyKibo does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

12.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. MyKibo uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, MyKibo cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

12.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties” assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as “Transaction Risks”. MyKibo is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

12.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through, or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transaction Services Agreement (and in particular, clause 3.2).

12.5 User agrees to provide all information and materials as may be reasonably required by MyKibo in connection with your transactions conducted on, through or as a result of use of the Sites or Services. MyKibo has the right to suspend or terminate any User”s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.

12.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify MyKibo (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.

12.7 Any material downloaded or otherwise obtained through the Sites or Services is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its own or to MyKibo”s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from MyKibo or through or from the Sites shall create any warranty not expressly stated herein.

12.8 MyKibo may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall MyKibo or our affiliates be held liable for any such services or products.

12.9 MyKibo shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

a) the use or the inability to use the Sites or Services;

b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services;

c) violation of Third Party Rights or claims or demands that User’s manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

d) unauthorized access by third parties to data or private information of any User;

e) statements or conduct of any User of the Sites or Services; or;

f) any matters relating to the Sites or Services, however arising, including negligence.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 MyKibo is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain under sole ownership of MyKibo, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by MyKibo are hereby reserved.

13.2 “MyKibo,” “MyKibo”.com and related icons and logos are registered trademarks or trademarks or service marks of Training & Trade Africa Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary Intellectual Property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

13.3 MyKibo may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You shall not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

13.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by MyKibo and/or its affiliates using User Content pursuant to the Terms shall belong to MyKibo, which may be freely assignable, licensable or grantable by MyKibo to any third party or its affiliates.

13.5 The existing intellectual property rights may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without MyKibo’s prior written consent, except to the extent that such use is expressly authorized under Rwandan Intellectual Property laws. The Company’s trademarks, trade names, logos, images, and, service marks used on the sites are the property of MyKibo and may not be used without prior written permission from MyKibo and then only with proper written acknowledgment.

14. NOTICES

14.1 All legal notices or demands to or upon MyKibo shall be made in writing and sent to MyKibo personally, by courier or certified mail to the following entity and address: Training & Trade Africa Ltd, Ubumwe House, Plot 2826 KG5 Ave. The notices shall be effective when they are received by MyKibo in any of the above-mentioned manner.

14.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to MyKibo, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:

a) MyKibo is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

b) immediately upon MyKibo posting such notice on an area of the Sites that is publicly accessible without charge.

14.3 You agree that all agreements, notices, demands, disclosures and other communications that MyKibo sends to you electronically will satisfy any legal requirement that such communication should be in writing.

15. DISPUTE RESOLUTION

DISPUTES THAT ARISE UNDER THIS POLICY SHALL BE RESOLVED AMICABLY AND INCASE OF FAILURE OF SUCH AMICABLE SETTLEMENT, SUCH DISPUTES SHALL BE REFFERED TO COMPETENT COURTS OF THE REPUBLIC OF RWANDA FOR REDRESS IN THE EVENT THAT SUCH DISPUTES ARE AGAINST MYKIBO/TRAINING AND TRADE AFRICA LTD. INADDITION, INCASE OF FAILURE OF AMICABLE SETTLEMENT OF DISPUTES AGAINST PARTIES OTHER THAN MYKIBO/TRAINING AND TRADE AFRICA LTD, SUCH DISPUTES SHALL BE REFFERED TO COMPETENT COURTS IN THE JURISDICTION WHERE SUCH DISPUTES AROSE.

16. GOVERNING LAW

THESE TERMS OF USE SHALL BE GOVERNED, INTERPRETED AND CONSTRUED INACCORDANCE WITH THE LAWS OF THE REPUBLIC OF RWANDA.

17. GENERAL PROVISIONS

17.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and MyKibo with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

17.2 MyKibo and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

17.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

17.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.

17.5 MyKibo”s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of MyKibo”s right to act with respect to subsequent or similar breaches.

17.6 MyKibo shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of MyKibo). You shall not assign, in whole or in part, the Terms to any person or entity.

HOW TO CONTACT US

If you have any comments on the Services we provide to you, you may contact our customer service support from any of the following channels with any such feedback or questions:

By email: info@mykibo.com

By visiting this page on our website: https://mykibo.com/

By phone number: +(250) 787 398 973