Call Us

+265 980 63 45 36

Whatsapp Live

Chat

Agreement for the Provision and Use of Alinafe Online Services

1. Definitions

In this agreement the following words shall have the following meanings

a). ‘Service’ means ideas, data, plans, concepts, information, inventions, goods, products, services and chattels published online by Alinafe Online Limited or where the context admits instruction given in accordance with this agreement by a user.

b). Goods means the whole range of products from time to time contained in the catalogue of the Alinafe Online.

c). ‘User’ means any person natural or legal who has signed this agreement.

d). ‘Third party’ means primary provider of goods, services or information which the user may contemplate accessing upon payment of a specified price.

e). ‘Right’ means all proprietary rights in the goods or services.

f). ‘Website’ means Alinafe.com.

g). ‘Parties ‘ means Alinafe Online Limited and the User

h). ‘Insertion or listing fees’ means sum to be fixed from time to time payable by third party to Alinafe Online Limited by reason of access of space in catalogue of Alinafe Online.

i). ‘Commission’ means sum to be fixed from time to time payable by third party or user to Alinafe online by reason of order, or quotation or tender between the user and third party relating to goods and services published on the website.

j). Advertisement fees means sum to be fixed from time to time payable by third party to Alinafe online by reason access of space in catalogue of Alinafe Online.

k). Fulfilment (handling) fees means sum to be fixed from time to time payable by third party or user as the case may be to Alinafe online by reason an instruction as provided under Article 2. 3 hereof

2.1 Alinafe Online shall exercise due diligence in publishing of goods and services online but shall provide no warranty for the goods and services so published.

2.2 The user shall bear the responsibility of ascertaining the quality of goods and services with the Third Party and shall bear the risk related to the quality or conditions of the goods and services.

2.3 Unless an instruction has been given by the user in writing to Alinafe Online to ascertain the quality and condition of goods and services specified, and Alinafe Online has accepted the said instruction in writing , and the User has paid the price chargeable by cause of the instruction;

i) Alinafe Online shall not be held to any liability whatsoever for any obligation under this Indemnification, and no claim shall be enforceable against any person acting for or on behalf of Alinafe Online in any capacity whatsoever in respect of matters covered under this disclaimer.

3.1 Those who access the alinafe website and or the app do understand, agree to, and comply with each of the provisions of the Terms and Conditions set herein.

4.1 The titles/ headings shall not constitute a term of this agreement

4.2 The parties hereby agree that;


  • All of terms of use, set rules and all forms of agreements provided by Alinafe Online regarding the Service are deemed to be applied as one unit with these Terms and Conditions of Use and Membership Agreement. In any case, if the contents of these Terms and Conditions of Use differ from the contents of other terms of use, special agreements, or rules, the provisions of these Terms and Conditions of Use will supersede. 
  • Even if the User uses our Service through any other means, these Terms and Conditions will be deemed to be applied between the User and Alinafe Online. 
  • Alinafe Online may change the contents of the Terms and Conditions of Use and Membership Agreement with time according to the amendments of the website, application and digital marketing policy, in which case, the changed contents shall be displayed on the website and application. Subsequently the User will be bound by the changed Terms and Conditions at the earlier of the point when a User uses the Service for the first time or the point when the notification period provided by us has passed.

6.1 Alinafe Online provides the Service to Users through the app and website, or through other related methods designed to provide highest quality, professional and innovative online business solutions to Malawian and international traders and consumers.

6.2 The types, contents, and details of the service are as provided and posted on Alinafe.com by Alinafe Online.

6.3 Alinafe Online shall use best endeavours to promote and extend the sale of goods and services from third parties to users.

6.4 Users shall solicit any enquiries on the goods and services published on the app and website through the means provided from time to time on the app and website, save as to the quality or condition of the goods or service.

7.1 The Service will attract charges in the following forms:

       a) insertion or listing fees,

       b) commissions,

       c) advertisement fees

       d) fulfilment (handling) fees.

7.2 For convenience sake, the methods of payment are listed on Alinafe.com. The application or website will take you to the point of making payment as you are adding your products or services or adverts.

8.1 In order to enjoy the service, Users and Third parties are required to register as prescribed by Alinafe.com. Users and third parties shall complete User registration in accordance with the prescribed procedures.

8.2 Users and Third parties shall confirm and warrant to Alinafe that all of the information they provide is true, accurate, and up-to-date. Further, if a change occurs after User and Third Parties registration the User or Third party shall promptly change their registration in accordance with the prescribed procedures.

8.3 Alinafe Online may refuse an application for User or Third Party registration at its absolute discretion. In such case, the User or Third Party may not make any claim or objection and Alinafe Online does not have any obligations whatsoever to the user or Third party.

8.4 Alinafe Online shall give registered Users or Third Parties (“Registered Users”) an ID, password, and other authentication key (“Authentication Key”), or if the Authentication Key is set by the Registered User itself, the Registered User shall strictly manage the Authentication Key and shall not disclose, divulge, or allow another person to use the Authentication Key.

8.5 Alinafe Online may treat all communications conducted correctly using the Registered User’s Authentication Key as being deemed to have been conducted by the Registered User itself or by a person given the appropriate authority by the Registered User. In such case, Alinafe Online is not liable for any damage that occurs to the Registered User, even if it occurs due to misuse of the Authentication Key or due to another reason.

8.6 Registered Users or Third Parties may cancel their User registration in accordance with Alinafe Online’s prescribed procedures at any time.

8.7 Registered Users or Third Parties are deemed to consent to the receipt of e-mail from Alinafe.com. Registered User can refuse to receive Alinafe Mail by cancelling User Registration or another method provided by alinafe.com.

9.1 If Alinafe online deems that notice is required to be made to a Registered User, it will make the notice to the registered address using electronic mail, postal mail, telephone, fax, or another appropriate method. In this case the notice will be deemed to have arrived when it would normally have arrived, even if it does not arrive or arrives late.

9.2 Questions and enquiries about the Service should be directed to Alinafe online by electronic mail or postal mail or visiting Alinafe office, or any other method.

10.1 Alinafe Online undertakes not to disclose any information about a User or a Third Party to some other person than the said user or third party except in circumstances where the user or the third party would oneself have deemed it in their interest to disclose such information to that other person, or in circumstances where the disclosure of such information to the recipient person is deemed to be in the business interest of the User or Third party concerned or in the circumstances where the user or the third party oneself is under compulsion of the law to supply the information concerned to appropriate law enforcing agency.

11.1 Alinafe (written in local language Chichewa or English) is a registered trademark in Malawi.

11.2 The copyrights, image rights, or other rights for all written materials, photographs, video, and other content posted on the Site or in alinafe Mail (“Alinafe Web Content”) belong to alinafe or an approved third party. Unless otherwise stated by alinafe online, Users are only permitted to peruse these contents in the methods prescribed by alinafe and copying, redistributing, or using the contents in any other way, or changing, or creating derivative works using the contents is prohibited.

11.3 Copyrights for messages or files etc. contributed to the Site by Users (“Messages”) are transferred to and belong to alinafe as a result of the contribution. Further, the User shall not exercise an author’s personal rights regarding the use. Further, by contributing Messages to the Site, Users represent and warrant that they have all the rights required to use the Messages and to license alinafe to use them (including copyright for the Messages, and the consent of any individuals that could be identified from inclusion in the subject or model for the Messages, or from the information in the Messages).

14.1 Alinafe may suspend or terminate part or all of the Service without prior notice due to system failure, software or hardware breakdown, fault, malfunction, or failure of telecommunication lines.

14.2 The information provided through the Service and communications and other exchanges may be delayed or interrupted at the instance of alinafe.

14.3 The information, data, software, products, and services provided by alinafe through the service may include inaccuracies or faults. Further, alinafe may add to, change, or delete all or part of this information etc. without prior warning.

14.4 Alinafe will take security measures at the level it judges reasonable regarding the server and other network equipment managed by alinafe, but it is possible that incidents such as unlawful access, information leakage, or distribution of harmful programs could occur, in spite of these measures. Further, as alinafe does not take security measures regarding information that travels over the Internet or other open networks unless specifically stated, and since even if security measures are taken they could be overridden, it is possible that information could be stolen, falsified etc.

14.5 Alinafe does not bear any obligation to protect information posted on the site by Users and may arrange, move, or delete the information as appropriate.

14.6 Alinafe does not bear any liability regarding damage suffered by Users resulting from the events set out in each of the above items.

14.7 Alinafe does not bear any liability regarding damage suffered by Users resulting from the parts of the service that are provided free of charge. Further, even if a User suffers damage resulting from alinafe’s negligence in a part of the service that is provided for a fee, alinafe’s liability will be limited to the amount of payment actually received regarding the service that was the direct cause of the occurrence of damage, whether or not any cause for liability exists, such as non-performance of obligations, defect warranty, or illegal acts, excluding damage arising due to special circumstances and lost profits damage.

Users shall not conduct any of the actions that fall under the following items in their use of the Service:

15.1 breaching the copyrights, trademark rights, or other intellectual property rights, privacy rights, image rights, or other rights of another person, damaging the honor, credibility, or assets of another person, or actions that contribute to this;

15.2 exposing information, or know how etc. that is kept confidential by another person;

15.3 actions whereby the User behaves threateningly, provocatively, or insultingly to another party, or otherwise causes mental anguish;

15.4 forcing another person to enter into an association, activity, or organization, or to furnish transactions, profits etc., or to provide a service, or actions that request such things even though the other person has refused;

15.5 registering or posting information which is untrue, or that contains mistakes, or actions that could possibly cause another person to misunderstand the User’s identity, products, contents of the service, or transaction conditions;

15.6 collecting, stockpiling, altering, or deleting another person’s information;

15.7 using the Service under the guise of another person, having multiple people use the same account, or an individual establishing several accounts;

15.8 unauthorized access or attempting to use unauthorized access, sending computer viruses, back-door or other unauthorized commands, programs, data, etc. to another person’s computer, or leaving harmful computer programs, etc. in a position whereby another person could receive them;

15.9 actions that exceed the scope of normal use and place a burden on the server;

15.10 using, gathering, or processing the information provided in the Service by a method other than the method provided by alinafe, whether legal or illegal, and whether or not it infringes upon rights, or using the Service by a method other than the method provided by alinafe, for profit or for commercial purposes;

15.11 posting information considerably lacking in quality, information for which the meaning is unclear, or other Messages that deviate from the purpose of the Service, or repeatedly posting Messages with the same or similar content;

15.12 actions that damage the credibility of alinafe, the Site, or the Service, or actions that demean the reputation of alinafe, the Site, or the Service;

15.13 actions other than the items set out above that violate laws and ordinances, public standards, or the Rules and Regulations, actions that impede the operation of the Service, and actions particularly provided by alinafe and posted on the Site.

15.14 alinafe is not obliged to monitor whether or not the actions set out in the items in Article 15.1.11 are being conducted in respect of the Site or the Service. Further, alinafe is not liable for any damage suffered by a User as a result of another User conducting the actions set out in the items in Article 15.1.11.

15.15 alinafe may request cooperation from Users regarding the submission of materials, or obtaining information in order to investigate whether or not the actions set out in the items in Article 15.1.11 have taken place and the details thereof, and Users shall cooperate with such requests; provided, however, that alinafe is not obliged to conduct such investigations.

16.1 Alinafe may, at its absolute discretion, take any or several of the measures set out below in respect of a particular User without any notice; provided, however, that alinafe has no obligation to take such measures:

      a) suspension or restriction of all or part of the Service.

      b) refusal or restriction of access to the Site;

      c) cancellation of User registration and subsequent refusal of User registration;

      d) amendment or deletion of all or part of messages submitted by a User;

      e) cooperation with criminal or other investigations by investigation agencies and administrative agencies;

      f) any other measures alinafe judges appropriate.

16.2 Users may not make any claims or objections regarding the measures in Article 16.1 and alinafe does not bear any obligation or responsibility such as to explain its reasons for taking the measures.

Damages

17.1 If a User or Third Party breaches the representations and warranties it made in respect of these Terms and Conditions or if alinafe suffers damage due to a User’s or Third party’s willful misconduct or neglect, the User or Third party shall compensate Alinafe Online for all damage suffered (including legal fees).

 

Arbitration

18.1 The parties hereto agree that the User or Third Party shall not apply or commence proceedings before any court except to challenge a decision made by the arbitrator pursuant to the arbitration law subsisting Malawi at the material time.

 

Entire Agreement and Severability

19.1 If part of the provisions of these Terms and Conditions are judged invalid or unenforceable, the provision will be deemed to have been replaced with an effective and enforceable provision, the details of which are as close as possible to the purpose of the original provision. Further, in such case, the other provisions of these Terms and Conditions will survive and will not be influenced in any way.

19.2 These Terms and Conditions constitute the entire agreement between the User and alinafe regarding the service and the Site and take precedence over all previous or current communications or suggestions made either electronically, in writing, or verbally.

 

Governing Law, and Jurisdiction

20.1 The governing law for these Terms and Conditions, the Site, and the Service is the Law of Malawi.

20.2 The Courts of Malawi have jurisdiction regarding any dispute concerning these Terms and Conditions, the Site, or the Service, subject to Article 18 herein.

17.1 If a User or Third Party breaches the representations and warranties it made in respect of these Terms and Conditions or if Alinafe suffers damage due to a User’s or Third party’s willful misconduct or neglect, the User or Third party shall compensate Alinafe Online for all damage suffered (including legal fees).

Arbitration

18.1 The parties hereto agree that the User or Third Party shall not apply or commence proceedings before any court except to challenge a decision made by the arbitrator pursuant to the arbitration law subsisting Malawi at the material time.

19.1 If part of the provisions of these Terms and Conditions are judged invalid or unenforceable, the provision will be deemed to have been replaced with an effective and enforceable provision, the details of which are as close as possible to the purpose of the original provision. Further, in such case, the other provisions of these Terms and Conditions will survive and will not be influenced in any way.

19.2 These Terms and Conditions constitute the entire agreement between the User and Alinafe regarding the service and the Site and take precedence over all previous or current communications or suggestions made either electronically, in writing, or verbally.

20.1 The governing law for these Terms and Conditions, the Site, and the Service is the Law of Malawi.

20.2 The Courts of Malawi have jurisdiction regarding any dispute concerning these Terms and Conditions, the Site, or the Service, subject to Article 18 herein.

Articles

Agreement for the Provision and Use of Alinafe Online Services

Disclaimer

Comparability

The Agreement

Scope of these Terms and Conditions of Use

Provision of the Service

Consideration for the Service

User and Third Party Registration and Authentication

Contact Information

Handling User Information

Intellectual Property Rights

Links and Advertisements

Alinafe’s Obligations and Liability

Prohibited Acts

Termination of Use

Damages

Arbitration

Entire Agreement and Severability

Governing Law, and Jurisdiction