General Terms of Use and Contracting

 

These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Nawi Mart, (hereinafter, “Nawi Mart”), whose domain is www.nawimart.com, and to its related mobile application, as well as to all its related sites or sites linked from www.nawimart.com by Nawi Mart, as well as its subsidiaries and associates, including Nawi Mart’s websites worldwide (hereinafter and collectively, the “site”). The site belongs to Nawi Mart. By using the site, you agree to these terms of use. If you do not agree, please refrain from using it.

Nawi Mart hereby makes available to users (hereinafter, the “User” or “Users”) the Nawi Mart website and mobile application (hereinafter, jointly, the “Platform”).

In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:

 

   1. Object

NAWI MART is a technology company whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer their products by means of a mobile or web application (hereinafter, the “APP”) and, in an ancillary manner, where applicable and if so requested through the APP by users of the APP and consumers of the said local stores, act as an intermediary in the immediate delivery of the products.

Nawi Mart thus has a Platform through which a variety of merchants, with which Nawi Mart can have in place a commercial agreement for the use of the platform, offer a selection of products and services. Customers can request the purchase of products and services from such merchants by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Nawi Mart acts as a mere intermediary and is therefore unable to assume, and does not assume any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.

In addition, Nawi Mart is an “on demand” intermediary Platform for the provision of express courier services. Its aim is to make it easier for any persons requiring help with their errands or purchases at associated merchants (hereinafter, “Customers”) to carry out their errands through such third parties, who are voluntarily willing to carry out the mandate given to them by Customers (hereinafter, the “Couriers”).

Couriers are thus a network of self-employed couriers / delivery people who work with Nawi Mart. When they wish to provide courier services, they log onto the Nawi Mart Platform and undertake within a certain time to carry out the courier / distribution / delivery service entrusted to them by a Customer by means of the above-mentioned mandate.

Throughout these General Terms of Use, both Customers and Couriers will be referred to as “Users”.

 

   2. Terms of Use

By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms and to the Privacy Policy and the Cookie Policy.

 

   3. Access and Registration for Customers

In order to be a Customer of the Platform, it is essential that you meet the following requirements:

  • You must be at least 18 years of age.
  • You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user name, e-mail address, telephone number and bank card number if necessary.
  • You must agree to these Terms of Use.
  • You must agree to the Privacy and Data Protection Policy.
  • You must agree to the Cookie Policy.

The User warrants that all the information regarding his/her identity and capacity provided to Nawi Mart in the registration forms for its Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.

If a User provides any false, inaccurate or incomplete information or if Nawi Mart considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Nawi Mart may deny the User’s current or future access to, and use of, the Platform or any of its contents and/or services.

When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable.

Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Platform or any other action carried out under their username and/or password.

Nawi Mart cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users must immediately inform Nawi Mart, using the Contact Form, if their username or password is stolen, disclosed or lost.

 

             3.1 Profile

In order to complete their registration on the Platform, Users must provide certain details, such as username, e-mail address, telephone number, bank card details, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate.

             3.2. Credit Card Theft or Removal

Since Nawi Mart cannot guarantee the identity of registered Users, Users are under an obligation to inform Nawi Mart if they have evidence that the credit card associated with their Nawi Mart profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Nawi Mart and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Nawi Mart of the missing card, Nawi Mart will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.

 

4. Operation of the Service. Terms of the Mandate

When a User who is registered as a Customer needs help with an errand, he/she must go to the online platform or the relevant Nawi Mart application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the Customer, provided that they are within the territory in which Nawi Mart operates. Similarly, a Customer may ask a Courier to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Courier undertakes under a mandate to purchase the products ordered by the Customer on the latter’s behalf and according to his/her indications and specifications.

Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release Nawi Mart and the Courier from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost resulting from the provision of an incorrect address for collection and delivery on the Platform.

The Customer must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that he/she is asking the Courier to buy in a physical shop on his/her behalf. To do this, he/she may provide any comments he/she may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Courier to identify the order. The Customer will be in constant contact with the Courier and may communicate with the latter at any time to ensure that he/she carries out the mandate according to the Customer’s own instructions.

The Customer releases Nawi Mart and the Courier from any negligence or error in the indications given by the Customer for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product).

If the price of the product and/or service does not appear on the platform, the Customer may set an approximate price. In such case, the service or product may be purchased by the Courier in person based on the Customer’s estimate and never for more than 30% above the said estimate. If the price is higher, the Courier shall contact the Customer to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the in-person purchase at the store.

If the product and/or service is not available, the Courier must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Courier and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section Nine). If the Customer does not answer the phone, the Courier shall wait 10 minutes before leaving.

If the Customer is not at the place agreed for delivery, the Courier shall retain the product for 24 hours, or for 10 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the basic courier service as well as the price of the product if one has been purchased or contracted through the Courier at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Courier will in no event will be liable for the deterioration or expiry of the product to which the assignment related.

Once the assignment has been completed, if the request included the physical purchase of a product, the Courier shall give the Customer the paper receipt for such product. If the object of the assignment was the mere delivery of a product, the Courier shall deliver it to the Customer at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the Customer at the e-mail address associated with his/her account.

 

   5. Product Returns

If a Customer wishes to return a product or make a claim about the provision of a service, he/she must contact the merchant at which the purchase was made directly, with the store receipt provided by the Courier at the time of delivery of the order. If the merchant gives the Customer a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.). Therefore, the return of a product purchased by the Courier pursuant to a mandate conferred by the Customer shall in any event be subject to the merchant’s returns policy.

If a User wishes to process the return of a product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.

The Customer must check the products delivered by the Courier at the delivery address before signing and ratifying the mandate. By means of the said signature, the Customer confirms and ratifies the mandate, the purchase or service carried out on his/her behalf. In addition, the Customer states that a third party may ratify the mandate on his/her behalf, for example if the Customer is not at the final delivery address or has designated a third party for collection and signature. The Customer (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.

In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The Customer must therefore inform Nawi Mart through the Contact Form if a dispute arises.

 

   6. Prices of the Services and Billing

Registration and use of the Platform is completely free for Customers.

The use of the Platform by Couriers and merchants may have an associated cost based on the country of destination from which they wish to use the Platform to provide services.

The Customer only has to pay for each service requested through the Platform. In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required bank information, Users expressly authorize Nawi Mart to issue receipts for payment of the services requested, including the price of the products ordered.

The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Courier, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. Nawi Mart reserves the right to change the price based on the time slot in which the service is performed and/or the distance travelled. In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalizing payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Nawi Mart’s control that entail an increase in such fee.

Nawi Mart reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorizes Nawi Mart to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the platform before placing the order.

If a Courier has already been assigned to provide a service and this is subsequently cancelled by the user, Nawi Mart shall be entitled to charge the Customer the fee for the services already embarked on by the Courier. Similarly, if the User has asked the Courier to purchase a product on his/her behalf and the Customer cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Courier as well as the price of the product. All this without prejudice to the Customer’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through Nawi Mart, he/she must request a new service.

 

        6.1. Payment Platform

Payment for products and/or services sold in person at Restaurants and/or stores and delivered to Customers in a deferred manner is temporarily made to Nawi Mart, who then sends it to the Restaurants and/or stores with which it has a commercial agreement in place. The Restaurants and/or associated establishments authorize Nawi Mart to accept payment on their behalf. Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Nawi Mart will therefore discharge the Customer’s obligation to pay the said price to the Restaurant and/or associated establishments.

Similarly, the Customer’s payment releases him/her from any obligation vis-à-vis the Courier, as full payment from the Customer discharges any obligation that the Customer may have vis-à-vis Partners and/or Couriers.

Payment by Customers for products and/or services is received at Nawi Mart’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorized to provide regulated payment services in all the territories in which Nawi Mart operates and are in compliance with the current legislation applicable to payment services for Platforms such as Nawi Mart. If you have any questions regarding the payment gateway used by Nawi Mart, you may ask them by means of the following Contact Form.

Nawi Mart, through its payment service provider, and as the unique objective to check the payment method communicated by the user and as antifraud measure, reserves its right to make a preauthorization of charge for the products ordered through the Platform. The preauthorization will not mean, in any case, the payment for the total amount of the order, as the payment will only take place after the approval of the order by the User, by accepting it, or by the causes described in the present terms and conditions.

Nawi Mart, in order to fully support the user, acts as the first point of contact for the user and takes responsibility for all payments made via our platform. This responsibility includes: refunds, charge backs, cancellations and dispute the resolution, at an initial point, without prejudice of Nawi Mart's actions in front of local stores as unique physical sellers of the goods ordered by the User

In the event that a dispute is raised Nawi Mart will offer the first line of support and will refund the User if deemed appropriate.

If you have any problems with your order, you can contact our customer care team by the means made at your disposal through the Platform.

 

   7. Price of the Products and/or Services Appearing on the Platform

All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.

In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.

However, the prices of the products sold in restaurants and/or stores shown on the Nawi Mart Platform may be indicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set solely by them. The Customer may contact the Courier to confirm the final price of the products ordered.

The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock.

For any information about the order made, the User shall contact Nawi Mart through the Contact Form, including in the subject of the message the number assigned by the Nawi Mart Platform.

In accordance with the foregoing, the Customer grants the Courier, by means of the purchase and delivery request made through the platform, a mandate to purchase the products in person, on his/her behalf, at the price set by the merchants. The Customer may be in direct contact with the Courier, both when placing the order and during its delivery, to tell the Courier which product is being ordered.

   8. Promotional Codes

Promotional codes must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the user will be unable to enjoy their benefits.

Whenever a cancellation is requested by Nawi Mart in accordance with Section 9 below, the Customer shall ensure that the promotional code is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.

Nawi Mart reserves the right to cancel the promotional codes offered if it becomes aware of a fraudulent use thereof (such as a person exchanging a promotion code when he or she is not its lawful recipient, the mass transfer of codes, etc.). In addition, it reserves the right to apply sanctions to users for the amount defrauded to the Company

 

   9. Right of Withdrawal and Cancellation of Orders

The User may cancel an order free of charge until a Courier has accepted it.

In accordance with the nature of the service offered by Nawi Mart, the User is aware that, once a Courier has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User is therefore no longer entitled to withdraw from the service request free of charge.

Therefore, if the User cancels an order that has already been assigned to a Courier, the Platform will generate a cost of 100% of the basic delivery service by way of cancellation fee to be paid by the User.

In addition, if the Courier had already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Courier to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Courier has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and Nawi Mart will therefore be entitled to charge him/her for both the product already purchased by the Courier under his/her mandate and for the cost of the delivery service incurred.

If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and within the Courier’s scope of operation. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.

Nawi Mart reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at Nawi Mart’s instance, the User shall be entitled to a refund of the amount paid.

Nawi Mart has official claim forms available to consumers, in the official languages of the countries in which Nawi Mart operates, in relation to the service offered by it. Consumers may request the above-mentioned claim forms through the Contact Form, and the option to access them will be sent automatically. The consumer’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.

 

   10. Special Terms of the Purchase Service Ordered Through Nawi Mart

The Customer has the option of requesting through the Platform the purchase by a Courier, in person, of a selection of products and/or services offered by merchants with which Nawi Mart has a commercial agreement in place. Using a drop-down menu within the Platform, the Customer can choose from among a number of options pre-set by the Stores setting out the characteristics and price of the product or service and, sometimes, a photograph thereof.

Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Courier who is to carry it out.

By using the said free-text space, the Customer states his/her wish to order the purchase of certain products, and the Courier will be a mere agent acting on the Customer’s behalf. As a result of the foregoing, the customer shall be solely responsible, and it would be the customer who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil liability, financial liability, etc.).

The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the Merchants, and that Nawi Mart is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.

Furthermore, the Customer accepts that all the products appearing on the Nawi Mart platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service is found not to be available at the Merchant. In addition, the price of the product is subject to slight variations due to modifications at the point of sale. Nawi Mart reserves the right to proceed with the purchase in the case of price variations of up to 30%. If the variation is greater than the said 30%, the Courier shall contact the customer to inform his/her of the situation.

Nawi Mart reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

             10.1 Same-Day Deliveries

Nawi Mart provides Customers with a delivery service for products purchased by a Courier in person in certain cities. Such an order can be made whenever the following conditions are met at the time of payment for it:

  • The service must be operative during the chosen time slot.
  • The goods to be delivered must be in one of the cities, and within the available area, in which Nawi Mart operates.
  • The destination must be located in the same city as the product.
  • The product(s) ordered cannot exceed the following size: 40 cm x 40 cm x 30 cm.
  • In the “Markets” section, e.g. SuperNawi Mart, the maximum number of products that may be requested will be ten (10).
  • The maximum weight of a single order will be approximately 9 kg.

 

             10.2. Price and Payment Method

The price of the product and/or service shall be as stated by the Merchant on the Platform. However, the Customer assumes that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the Customer will in any event always be told the final cost before payment.

The Customer will be in constant contact with the Courier, who shall act on the former’s behalf in the purchase of products and services. Any change or variation shall therefore be reported by the Courier before carrying out the mandate for the Customer’s approval. If the Customer wishes to include any indications regarding the order, he/she will always be able to contact the Courier who is carrying out the mandate given.

Similarly, at the payment gateway stage, the Customer will be informed of the final price and approximate time of delivery in accordance with the terms of Nawi Mart’s courier service set forth above.

The Customer may pay for the services in cash or by credit card. The cash payment option may be unavailable in some of the countries in which Nawi Mart operates. When making the order, the Customer will be informed of the various payment options available in the territory from which the service is being requested. In order to pay with a credit card, the Customer must provide the card details through the platform as a payment method associated with his/her account. Nawi Mart does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Nawi Mart’s behalf. Customers paying by credit card will incur no additional charges for choosing this payment method. All this in accordance with the terms of the payment platform set forth in Clause 6.1.

In the case of cash payments, the customer must pay the price at the time of delivery of the product and/or on completion of the assignment at the place of delivery. The customer may not refuse to pay the delivery fee and/or the price of the product ordered. The customer can only refuse to pay for the service if he/she has made a claim and has received a response from Nawi Mart that is favourable to the Customer by the time of the delivery.

If payment for the service can for any reason not be taken from the customer, the latter shall be blocked from using the platform again until he/she has settled the debt.

 

             10.3. Home Delivery of Free Samples and Other Commercial Actions

Nawi Mart reserves the right to enter into commercial agreements with Hardwares, Supermarkets, Wholesalers, Retailers, Restaurants, Hotels, Chemists and Depots, Entrepreneurs, Professionals (e.g. mass-market food companies, laboratories, Department Stores, large and small consumer brands, etc.) to send promotional communications, including the addition of free samples to the order delivered to the User’s home. Users must expressly agree to such commercial actions together with these Terms of Use.

 

 

   11. Purchases of Alcohol

Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age; i.e. 18 or older. When making an order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old. Nawi Mart reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least 18 years old.

This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Platform that is reserved for over-18s under the current legislation.

Similarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a particular time slot, it is the User’s responsibility to place orders only during the times allowed under the applicable legislation. Nawi Mart reserves the right to refuse the order for the purchase and/or delivery of alcohol outside the permitted times.

 

   12. Products from Pharmacies

In accordance with the current legislation, Nawi Mart does not sell or advertise medicines for human use through the Platform. Couriers act as agents of those Users who order through the Platform non-prescription drugs for human use for collection.

In any event, Nawi Mart guarantees to Users the availability of a pharmacist’s advice before ordering their medication. For this purpose, NAWI MART has included a SPECIAL REQUEST box so that, in the event of doubt, the User can use it to consult the pharmacist who is to dispense the product(s), all this in order to ensure that the Pharmacist can dispense the correct product.

In any event, Nawi Mart will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.

In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorization in accordance with the applicable data protection legislation.

Nawi Mart makes available to all Nawi Mart Users on the Platform the medicines’ official data sheets published by the Kenyan Agency for Medicines and Medical Devices of the Ministry of Health, Social Policy and Equality.

 

   13. Policy on the Delivery of Restricted Items

Non-Exhaustive List of Examples:

 

 

Alcohol and Tobacco Products

Deliveries of alcohol and tobacco products may be limited or restricted in certain countries/and or cities in which the Platform operates.

Animals and Regulated Species

Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.

Child pornography

Pornographic material involving children or content that may be perceived as erotic paedophilia.

Copyright on Software and Media

Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.

Counterfeits and unauthorised products

Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods.

Devices or tools for overcoming security measures

Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones.

Drugs

Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits.

Gambling and Betting

Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.

Products Sold in Pharmacies

Deliveries of pharmaceutical products may be limited or restricted in certain countries/and or cities in which the Platform operates. Prescription drugs may not be ordered/delivered. OTC (over-the-counter) medicines, ancillary medical devices, as well as any other products for hygiene, nutrition or similar for human use sold in pharmacies are subject to the mandate given by the User to the Courier and to what the pharmacist may deem appropriate.

Materials for hacking and cracking

Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.

Human parts

Organs or other body parts; body fluids; stem cells; embryos

Stolen or illegal goods

Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You (the Nawi Mart User) are solely and fully responsible for checking that all items are genuine and legal.

Illegal telecommunications equipment

Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.

Offensive goods

Goods, literature, products or other materials that:

•    Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender or any other factor.

•    Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g. the royal family in some jurisdictions).

•    Praise or incite the commission of violence.

•    Promote intolerance or hatred.

•    Promote or support membership of terrorist groups or other organisations that are prohibited by law.

•    Are contrary to public morals.

Offensive goods related to a criminal offence

Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.

Precious materials

Bulk sales of rare, scarce or valuable stones or materials.

Culturally protected artefacts

Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; artefacts, cave formations (stalactites and stalagmites);

Pyrotechnic devices and dangerous substances requiring special permission

Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.

Traffic-related devices

Radars, number plate holders, illegal traffic-modification devices and related products.

Weapons

Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.

Money and Foreign Currency

Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities

Primary and Secondary Schools / Use by children

We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age.

Misuse of the platform / Abuse

We will not tolerate the use of abusive language or abusive attitudes towards our company or freelance workers.

 

   14. Geo-location

Nawi Mart may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorized by the User. The said location data may be collected and used by Nawi Mart to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geo-location data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geo-location on their devices as provided in the Data Privacy Policy.

The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, Nawi Mart will accept no liability for errors or omissions in the provision of such addresses by the User.

 

   15. The User’s Obligations

Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.

Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.

Nawi Mart may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Nawi Mart will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

  • To refrain from altering or modifying the Platform, in full of in part, by bypassing, disabling or in any other way tampering with, its functions or services;
  • To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
  • To refrain from using the Platform to insult, defame, intimidate or harass other Users or attacking their image; - To refrain from accessing other Users’ e-mail accounts;
  • To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Nawi Mart’s or third parties’ contents or systems;
  • To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
  • To refrain from advertising goods or services without Nawi Mart’s prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform Nawi Mart of any abuse or infringement of these terms through the Contact Form. Nawi Mart will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, Nawi Mart reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

 

   16. Deregistration by Users

Users may deregister from the Platform by sending an e-mail through the Contact Form.

 

   17. Nawi Mart’s Responsibility

Users are responsible for having in-place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to Nawi Mart by means of the Contact Form, and Nawi Mart will analyze the incident and instruct the User on how to resolve it as quickly as possible.

Nawi Mart does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.

Nawi Mart will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

Nawi Mart accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

  • The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
  • A malfunction of the browser;
  • The use of outdated versions thereof.

 

   18. Responsibility for Content

Nawi Mart does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. Nawi Mart does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

Nawi Mart rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, Nawi Mart accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.

Notwithstanding the foregoing, Nawi Mart reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Nawi Mart may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to Nawi Mart all exploitation rights arising from the contents thus supplied.

Nawi Mart may, in Nawi Mart sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Nawi Mart through the our Services and for your best User experience any textual, audio, and/or visual content and information regarding Nawi Mart Services, including e.g. commentary, order chat , support and feedback related to the Nawi Mart Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). 

Any User Content provided by you remains your property and are covered under local legislation. Thus, in this act, you by providing User Content to Nawi Mart, you grant Nawi Mart a worldwide, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Nawi Mart Content in all formats and distribution channels now known by Nawi Mart Services or hereafter devised, with or without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

To help facilitate the execution of Your order and interaction with the Store and the Rider, NAWI MART may have to share certain information about the request for your order, including the details indicated by you in the support chat or in the chat with the rider, all this whenever it is necessary for the good execution of the service for you requested through NAWI MART. 

 

   19. No Warranty in Assignments or Payments

Nawi Mart gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Couriers. In this regard, Users state that they understand that NAWI MART is an independent company that puts Customers and Couriers in contact with each other, and that it accepts no liability arising from the information provided by Couriers or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Use. Nawi Mart will therefore never be liable for the availability of Couriers or for their adequate and satisfactory performance of assignments.

Nawi Mart makes no assertions or confirmation regarding any Couriers or their identity or background information. Notwithstanding the foregoing, Nawi Mart may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Couriers. In this regard, when a User achieves Courier status, this simply indicates that the said user has completed the relevant registration process and has accepted these General Terms of Use and any other specific conditions that may apply to him/her. Such status implies neither certification nor endorsement by Nawi Mart as to such User’s reliability, suitability and/or safety.

Nawi Mart therefore recommends that Customers always use common sense and their full attention when delegating an assignment to a particular Courier.

By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Nawi Mart.

 

   20. Updates and Changes to the Platform

Nawi Mart reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Nawi Mart Platform.

In addition, Nawi Mart reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Nawi Mart does not guarantee the absence of errors or interruptions when accessing the Platform or its content or that it will always be up to date. Notwithstanding the foregoing, Nawi Mart shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

 

   21. Intellectual Property

Nawi Mart is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information and contents included therein are the property of Nawi Mart, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights.

Authorizing a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by Nawi Mart of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Nawi Mart Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Nawi Mart Platform for public or commercial purposes are also prohibited, save with Nawi Mart’s express written authorization or, where applicable, that of the owner of the rights concerned.

Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing Nawi Mart from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to Nawi Mart, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

 

   22. Severability

If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties.

 

   23. Applicable Law

The relationship between NAWI MART and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Kenyan law; and any disputes shall be submitted to the Kenyan Law Courts unless the User requests that they be submitted to the courts applicable to his or her home address.

 

24. Alternative Dispute Resolution

Any disputes or disagreements arising outside Kenya shall be submitted to the East Africa Court of Arbitration of the Chamber of Commerce.