Terms and Conditions

Introduction

Welcome Naya Stores Uganda. These terms and conditions (“Terms and Conditions”) apply to
the Application, Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites
which reference these Terms and Conditions.
Naya Stores is a market place which is open for everybody to sell their products on the Site.
None of the products listed on the Site are owned or sold by Naya Stores, neither is Naya Stores
involved in the actual sale transaction between the buyers and sellers on its Site.
By accessing the Application & Site, you confirm your understanding of the Terms and
Conditions. If you do not agree to these Terms and Conditions of use, you shall not use our
Application & website. The Application & Site reserves the right to change, modify, add, or
remove portions of these Terms and Conditions of use at any time. Changes will be effective
when posted on the Site with no other notice provided. Please check these Terms and Conditions
of use regularly for updates. Your continued use of the Application & Site following the posting
of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

General conditions of transactions and payment between
nayastores and the Seller

(1) Payment by Naya Stores to the Seller: Payments made to the Seller are calculated as the sum
of the selling price including tax of all items delivered to customers less the sum of the selling
price including tax of all items returned within this same period and less commissions and
penalties. All payments to the Seller shall be made in Uganda Shillings.
(2) Payment methods include Cash On Delivery (COD) and MTN MoMo, Airtel money
(3) Invoices: The Seller has to provide an invoice for the Customer when providing to Naya
Stores the product to be delivered to the customer or when delivering by himself.
Nayastores will invoice the Seller for its commission and for the fees charged for its value-added
services as well as for the penalties applied. VAT will apply to all invoices.
(4) Payment Calculation: The revenue collected by Nayastores on behalf of the Seller is based on
the orders successfully delivered and paid for by to the customer. The Seller understands that the
items shipped but not delivered at the time of the payment are not included in the payment.
Any sums due to the Seller hereunder may be applied by Nayastores as a set off against any sums
owed by the Seller to Nayastores, or against any claims of third parties against Nayastores
arising from the Seller’s performance, under any document.
(5) Collection of VAT: VAT liability for the product sold rests with the Vendor and Nayastores
will not be responsible for any VAT obligations that may arise. Nayastores will remit and declare
applicable taxes, including VAT on the amount of the commission and fees collected for its
services and withholding tax where applicable.
(6) Returns & Refunds: You can return all eligible item(s) within 15 days for Nayastores mall
and 7 days for marketplace.

Use Of The Application & Site

You confirm that you are at least 18 years of age or are accessing the Site under the supervision
of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive
license to use the Site, in accordance with the Terms and Conditions described herein, for the
purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any
third party is prohibited, except as explicitly permitted by us in advance. Any breach of these
Terms and Conditions shall result in the immediate revocation of the license granted in this
paragraph without notice to you. Content provided on this site is solely for informational
purposes. Product representations expressed on this Site are those of the vendors and are not
made by us. Submissions or opinions expressed on this Site are those of the individual posting
such content and may not reflect our opinions. Certain services and related features that may be
made available on the Site may require registration or subscription. Should you choose to
register or subscribe for any such services or related features, you agree to provide accurate and
current information about yourself, and to promptly update such information if there are any
changes. Every user of the Site is solely responsible for keeping passwords and other account
identifiers safe and secure. The account owner is entirely responsible for all activities that occur
under such password or account. Furthermore, you must notify us of any unauthorized use of
your password or account. The Site shall not be responsible or liable, directly or indirectly, in
any way for any loss or damage of any kind incurred as a result of, or in connection with, your
failure to comply with this section. During the registration process you agree to receive
promotional emails from the Site. You can subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

Accessibility of Application & Website

Our aim is to ensure accessibility to the Application & website at all times, however, we make to
representations of that nature and reserve the right to terminate the Application & website at any
time and without notice. You accept that service interruption may occur in order to allow for
website improvements, scheduled maintenance or may also be due to outside factors beyond our
control.

Abusing 'Naya Stores'

‘ Nayastores ‘ and the community work together to keep our sites and services working properly
and the community safe. Please report problems, offensive content and policy breaches to us. We
work to ensure that listed items do not infringe upon the copyright, trademark or other
intellectual property rights of third parties. If you believe that your intellectual property rights
have been infringed, please notify our team and we will investigate.

User submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions,
reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and
exclusive property and shall not be returned to you. In addition to the rights applicable to any
Submission, when you post comments or reviews to the Site, you also grant us the right to use
the name that you submit, in connection with such review, comment, or other content. You shall
not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us
or third parties as to the origin of any

Order acceptance and pricing

Please note that there are cases when an order cannot be processed for various reasons. The Site
reserves the right to refuse or cancel any order for any reason at any given time. You may be
asked to provide additional verification or information, including but not limited to phone
number and address, before we accept the order. We are determined to provide the most accurate
pricing information on the Site to our users; however, errors may still occur, such as cases when
the price of an item is not displayed correctly on the website. As such, we reserve the right to
refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion,
either contact you for instructions or cancel your order and notify you of such cancellation. We
shall have the right to refuse or cancel any such orders whether or not the order has been
confirmed and your debit/credit card charged.

Trademarks and copyrights

All intellectual property rights, whether registered or unregistered, in the Site, information
content on the Site and all the website design, including, but not limited to, text, graphics,
software, photos, video, music, sound, and their selection and arrangement, and all software
compilations, underlying source code and software shall remain our property. The entire contents
of the Site also are protected by copyright as a collective work under Uganda copyright laws and
international conventions. All rights are reserved.

Legal disputes

If a dispute arises between you and ‘ Naya Stores ‘, our goal is to provide you with a neutral and
cost-effective means of resolving the dispute quickly. Accordingly, you and ‘ Naya Stores ‘ agree
that we will resolve any claim or controversy at law or equity that arises out of this Agreement or
our services in accordance with one of the subsections below or as we and you otherwise agree
in writing. Before resorting to these alternatives, we strongly encourage you to first contact us
directly to seek a resolution. We will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.

Limitation of liability

The buyer and seller both agree that nayastores.com would be held free from any liability in
contract, pre-contract or other representations, in tort, including, without limitation, negligence,
or otherwise out of or in connection with the terms and conditions for any economic losses, such
as, but not limited to profits, anticipated savings, revenues, contracts or general business; loss of
goodwill or reputation; and any special or indirect losses suffered or incurred by any of the
parties arising out of or in connection with the provisions of any matter under these terms and
conditions. The buyer and the seller accept that the nayastores.com will not be responsible or
liable for any loss of content or materials uploaded or transmitted through the website and accept
no liability of any kind for any loss or damage from action taken or taken in reliance on material
or information contained on the site. The buyer and the seller accept that the nayastores.com
does not guarantee continuous, uninterrupted or secure access to our services, and operation of
the website may be interfered with by numerous factors outside of our control. In addition, the
Site and the services are provided “as is, where is” and as and when available, and to the extent
permissible by law all implied warranties, conditions or other terms, whether implied by statute
or otherwise, including without limitation, any terms as to skill and care or timeliness of
performance, are excluded.

Applicable law and jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in the
Republic of Uganda. Subject to the Arbitration section below, each party hereby agrees to submit
to the jurisdiction of the courts of Uganda and to waive any objections based upon venue.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will
be referred to and finally settled by private and confidential binding arbitration before a single
arbitrator held in Uganda in English and governed by Ugandan law pursuant to the Arbitration
and Conciliation Act of Uganda 2008, as amended, replaced or re-enacted from time to time. The
arbitrator shall be a person who is legally trained and who has experience in the information
technology field in Uganda and is independent of either party. Notwithstanding the foregoing,
the Site reserves the right to pursue the protection of intellectual property rights and confidential
information through injunctive or other equitable relief through the courts

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes
without your explicit consent. We use your information only as described in the ‘ Naya stores ‘
Privacy and Confidentiality Policy. We view protection of users’ privacy as a very important
community principle. We store and process your information on computers that are protected by
physical as well as technological security devices. You can access and modify the information
you provide us and choose not to receive certain communications by signing-in to your account.
We use third parties to verify and certify our privacy principles. For a complete description of
how we use and protect your personal information, see the ‘Naya Stores’ Privacy and
Confidentiality Policy. If you object to your information being transferred or used in this way,
please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures
and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your breach of this Agreement, or your violation of any
law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.

Notices

We shall send notices to you by email to the email address you provide to ‘ Nayastores ‘ during
the registration process. Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively, we may give you legal
notice by registered mail to the address provided during the registration process. Notices sent to
you by registered mail shall be deemed to have been received by that party three days after the
date of mailing.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you,
immediately terminate the Terms and Conditions or revoke any or all of your rights granted
under the Terms and Conditions. Upon any termination of this Agreement, you shall
immediately cease all access to and use of the Site and we shall, in addition to any other legal or
equitable remedies, immediately revoke all password(s) and account identification issued to you
and deny your access to and use of this Site in whole or in part. Any termination of this
agreement shall not affect the respective rights and obligations (including without limitation,
payment obligations) of the parties arising before the date of termination. You furthermore agree
that the Site shall not be liable to you or to any other person as a result of any such suspension or
termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies,
guidelines, your sole and exclusive remedy is to discontinue using the Site.

Severability

If any portion of these Terms and Conditions is held by any court or tribunal to be invalid or
unenforceable, either in whole or in part, then that part shall be severed from these Terms and
Conditions and shall not affect the validity or enforceability of any other section listed in this
document.

Miscellaneous provisions

You agree that all agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions
to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right
to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations
under these Terms and Conditions to any third party.

Data Protection

Any personal information collected in relation to the use of this website will be held and used in
accordance with our Privacy Policy, which is available on our site. Nayastores, stores the address
and might use it for commercial purposes.