Agreement for the Provision and Use of Alinafe Online Services
In this agreement the following words shall have the following meanings
‘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.
Goods means the whole range of products from time to time contained in the catalogue of the Alinafe Online.
‘User’ means any person natural or legal who has signed this agreement.
‘Third party’ means primary provider of goods, services or information which the user may contemplate accessing upon payment of a specified price.
‘Right’ means all proprietary rights in the goods or services.
‘Website’ means Alinafe.com.
‘Parties ‘ means Alinafe Online Limited and the User
‘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.
‘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.
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.
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.
Scope of these Terms and Conditions of Use
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
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.
Provision of the Service
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.
The types, contents, and details of the service are as provided and posted on Alinafe.com by Alinafe Online.
Alinafe Online shall use best endeavours to promote and extend the sale of goods and services from third parties to users.
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.
User and Third Party Registration and Authentication
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.
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.
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.
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.
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.
Registered Users or Third Parties may cancel their User registration in accordance
with Alinafe Online’s prescribed procedures at any time.
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.
Intellectual Property Rights
Alinafe (written in local language Chichewa or English) is a registered trademark in Malawi.
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.
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).
Transactions and Communications with Sellers
If Users or Third Parties conduct transactions through the Service, alinafe will not make any warranties, endorse,
act as an agent, mediate, intercede, or conduct any canvassing regarding the transaction between the Users.
If a User contacts a specified or unspecified Other Operator through the service and exchanges
Messages or otherwise communicates with them, the User
shall make judgments regarding whether or not to disclose information about the User themselves or the User’s interests.
Any disputes between the Users and third parties regarding transactions, communication or whatever
reason will be resolved at no expense of Alinafe Online.
The User and Third Party consents and agrees that alinafe, within the limitation of applicable law, monitors
the Users’ communications for the purpose of ensuring compliance with its obligations under the Terms and Conditions, and that
alinafe may restrict, delete, or prohibit such communications, if alinafe decides it is necessary to do so, based on its sole discretion.
Links and Advertisements
Alinafe will sometimes posts links from the alinafe App or Web Content to other sites. Even in this case
alinafe will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing, and does
not bear any responsibility regarding the information
and services etc. provided at the linked site. Further, whether authorized or not, the same applies for sites that link to the Site.
Alinafe will sometimes posts advertisements on the Site. Even in this case alinafe will not make any warranties,
endorse, act as an agent, mediate, intercede, or conduct
any canvassing, and does not bear any responsibility regarding the products and services etc. provided by the advertiser.
Alinafe’s Obligations and Liability
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.
The information provided through the Service and communications and other exchanges may be delayed or interrupted at the instance of alinafe.
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.
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.
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.
Alinafe does not bear any liability regarding damage suffered by Users resulting from the events set out in each of the above items.
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:
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;
exposing information, or know how etc. that is kept confidential by another person;
actions whereby the User behaves threateningly, provocatively, or insultingly to another party, or otherwise causes mental anguish;
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;
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;
collecting, stockpiling, altering, or deleting another person’s information;
using the Service under the guise of another person, having multiple people use the same account,
or an individual establishing several accounts;
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;
actions that exceed the scope of normal use and place a burden on the server;
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;
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;
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;
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.
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.
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.