Welcome to www.ongoharvest.com and/or the applicable mobile application (“Site”). The owner and operator of the Site is Ongoharvest Pvt Ltd Owned By Affluak Inc, a limited liability company registered in the Zimbabwe (“ZW”) (“we”, “our” or “us”).
About our site
The Site is an e-commerce platform that allows us and enterprise users to offer and sell products, and individuals and enterprise entities to buy products.
We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
ELIGIBILITY AND REGISTRATION REQUIREMENTS
(1.1) You are eligible to register as a buyer or seller and benefit from the Services if you meet the following eligibility criteria:
(a) for buyers:
(i) you are above the legal age for purchasing products in your country of residence; and
(ii) you are able to provide an address in Zimbabwe for delivery of products.
(b) for sellers:
(i) you are a legal entity duly registered in your jurisdiction;
(ii) you have a current trade licence;
(iii) you provide proof of authorisation for the individual who will be registering and using the Site;
(iv) you provide identification for the authorised person;
(v) you can provide supporting bank details; and
(vi) you acknowledge and agree that for certain product categories, additional requirements might be applicable.
(1.2) In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
- YOUR OBLIGATIONS
(2.1) When using or accessing the Services, you agree that you:
(a) are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
(b) agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;
(c) will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
(d) will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
(e) will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
(2.2) When using or accessing the Services, you agree that you will not:
(a) post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
(i) content or items that may be considered culturally or religiously offensive in any way;
(ii) content or items which may not be considered to be in compliance with general local law, rules, morals, values, ethics and traditions;
(iii) content or items that may threaten national security;
(iv) content or items which may constitute or be considered to promote gambling;
(v) securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
(vi) weapons of any description;
(vii) liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;
(viii) items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
(ix) non-transferable vouchers; and
(b) post items you do not have a right to link to or include;
(c) post counterfeit or stolen items;
(d) breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;
(e) use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
(f) fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
(g) fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;
(h) use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
(i) manipulate the price of any item;
(j) interfere with any other user’s listings;
(k) take any action that may undermine the Site’s feedback and ratings systems;
(l) post false, inaccurate, misleading, deceptive, defamatory or similar content;
(m) transfer your account to another party without our prior written consent;
(n) distribute or post spam, unsolicited or bulk electronic communications or similar;
(o) distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
(i) the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to us; or (ii) any Intellectual Property Rights that belong to third parties;
(q) harvest or otherwise collect information about users without their consent; or
(r) circumvent any technical measures we use to provide the Services.
- INTELLECTUAL PROPERTY RIGHTS
(a) all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
(b) all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
3.2 You agree that you have no right to use any of our trademarks without our prior written consent.
- WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
4.1 You warrant, represent and undertake that:
(a) you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
(i) any laws, rules, regulations or governmental guidelines to which you are subject to; or
(ii) any other agreements to which you are a party to or to which you are otherwise bound by;
(e) any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).
(4.2) Subject to clause 5.1, the Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
(4.3) Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.
- LIABILITY & INDEMNITIES
(a) for fraud, including fraudulent misrepresentation, perpetrated by that party;
(b) for death or personal injury caused by the negligence of that party; or
(c) for any other liability that cannot be limited or excluded under applicable law.
(5.3) In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
(a) the content or other information you provide when using the Services;
(b) your use of or your inability to use our Services;
(c) pricing, shipping, format or other guidance provided by us;
(d) delays or disruptions in our Services;
(e) viruses or other malicious software obtained by accessing or linking to our Services;
(f) bugs, errors or inaccuracies of any kind in our Services;
(g) damage to your hardware device from the use of products sold on the Site or our Services;
(h) the content, actions or inactions of third parties using our Services;
(i) a suspension or other action taken by us with respect to your use of the Services;
(j) the duration or manner in which your listings appear in search results; or
(a) the price the item sold for on our Site and its original shipping costs; and
(b) the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or
(5.5) You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
(a) any claims or demands made by any third party due to or arising out of your use of the Services;
(c) your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or
(d) the manner in which you use our Services, including, without limitation, that the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).
- SUSPENSION, TERMINATION & CANCELLATION
Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order and/or remove hosted content submitted by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.
- AFFILIATES & ADDITIONAL FUNCTIONS
(8.1) Ongoharvest Owned by Affluak Inc and/or its affiliates (“Affluak’s Affiliates”) provide website features and other products and services to you when you use or sign-up as a buyer and/or seller on the Site. “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person.
(8.2) To enhance your experience across the Site and with Affluak’s Affiliates, you hereby agree that we may set-up additional services, functions and/or accounts on your behalf, by using the information you provide to us on the Site.
(9.10) Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labour disruptions, blackouts, embargoes).
(9.12) Communications. You may contact us through email, social media or live chat on the Site, or by calling our call centre on +263 71 633 4437.
(9.13) Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.