The following are the terms of the agreement between Brands and Code] hereinafter referred to as the “Company” and the buyer (“Buyer”) of goods or services through the Company’s Web Site (the “Masikini Site”). If you do not agree to these terms, you will be unable to purchase anything, so please review these terms carefully AND cautiously:
Buyer agrees to the terms and conditions outlined in this Online Agreement ("Agreement") with respect to the goods, services and information provided by or through the Masikini Site. This Agreement constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings WHATSOVER with respect to the goods, services and information provided by or through the Masikini Site, and the subject matter of this Agreement. Buyer agrees to review this Agreement prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Agreement.
Buyer represents and warrants that (i) PayPal or mobile money information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer through PayPal or mobile money company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Agreement or unauthorized use of the password. Brands and Code does not protect Buyer from unauthorized use of Buyer's password. If you use any Brands and Code Service or more specifically the MASIKINI site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Brands and Code does sell products for children, but it sells them to adults, who can purchase through PayPal or mobile money or other permitted payment method. If you are under 18, you may use the Brands and Code Services only with involvement of a parent or guardian. Alcohol listings, if any, on Masikini are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any Masikini Site functionality related to alcohol. Brands and Code reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Masikini Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Masikini Site is prohibited.
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Masikini Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Agreement, or prices, and may discontinue or revise any or all aspects of the Masikini Site in its sole discretion and without prior notice. Modification of this Agreement will be deemed effective upon publication on the Masikini Site with respect to transactions occurring after said date. FOR AVOIDANCE OF ANY DOUBT Brands and Code reserves the right to make changes to its Masikini Site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Agreement or use of the Masikini Site.
Buyer's right to use the Service is not transferable or assignable and is subject to any limits established by Company or PayPal or Mobile Money Company.
SUBJECT TO THE UGANDAN LAW, BRANDS AND CODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRANDS AND CODE FURTHER DOES NOT WARRANT THAT THE BRANDS AND CODE SERVICES THROUGH ITS MASIKINI SITE SUCH AS, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MASIKINI SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS MASIKINI SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BRANDS AND CODE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOVER ARISING FROM THE USE OF THE MASIKINI SITE AND ITS SERVICE THEREIN, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MASIKINI SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR AS MAY BE SPECIFIED UNDER THIS AGREEMENT.
Any purchased product should be checked critically and if any defect is found or if it’s not to the Buyer’s satisfaction, the product can be returned at the moment of receipt. By signing an acknowledgment of receipt of the product, the purchaser unequivocally and irrevocably agrees not to return the product purchased. For avoidance of doubt, the product checking is only done at the Masikini office (Brand and Code Office) and therefore if the Buyer leaves the Masikini premises with the product, the product can’t be returned. It is therefore critical that the purchaser comes for his product in person and if not with a person holding his/her legitimate powers of Attorney. Brands and Code attempts to be as accurate as possible. However, Brands and Code does not warrant that product descriptions or other contents on the MASIKINI site are accurate, complete, reliable, current, or error-free. If a product offered by Brands and Code on its Masikini site is not as described, your sole remedy is to return it in the manner specified above.
This Agreement shall be treated as though it were executed and performed in Uganda and shall be governed by and construed in accordance with the laws of Uganda. Any legal action or suit of Buyer with respect to the Masikini Site must be instituted within 2 months after any purchase or be forever waived and barred.
All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Uganda and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Masikini Site or the Company is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Notice to site users on collection of tax and user waiver of damages owing to error in calculation of tax
For purchases where tax is applicable you will see the tax calculated on the particular product before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing laws and local "tax holidays," the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Masikini Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Brands and Code, its officers, directors, employees, agents and representatives, for any harm, prejudice or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
Prices and availability of products on the Masikini Site are subject to change without notice whatsoever but Errors will be corrected when discovered. Brands and Code Masikini Site contains a staggering number of products and it is always possible that, despite our best efforts, some of the products listed on the Masikini Site may be incorrectly priced. We are under no obligation whatsoever to provide the product to you at the incorrect or lower price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unambiguous. You unequivocally and irrevocably agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations.
If you don’t click on “I Agree” then you will not be able to purchase any goods or services.