Terms and conditions

Terms & Conditions

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within Zimbabwe, Botswana, Lesotho, Swaziland, Namibia and South Africa, of applications, websites, content, products, and services (the “Platform”) made available by Cleeka.com

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Introduction

Cleeka.com is an online platform that offers products for sale. Products accessible at www.cleeka.com and any other websites through which Cleeka.com makes the products available (collectively, the “Sites”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).

Your access and use of the platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MobiShop (Pty) Ltd (hereinafter referred to as (“Cleeka.com”, “we”, “us”, or “our”). If you do not agree to these Terms, you may not access or use the platform. These terms expressly supersede prior agreements or arrangements with you. Cleeka.com may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.

Terms of Service

Accounts

You will be required to sign up for an account, and create a password and username, as well as provide certain information and personal details to Cleeka.com. You agree to enter the username and password when buying products on the site, for security purposes. You promise to provide us with complete, accurate and up to date registration information about yourself. You may not choose as your username, a name that you don’t have the right to use, or any other person’s with the intent to pose as that person. You may not transfer your account to anyone else without our prior written permission.

You will not share account or password with anyone, and you must protect the security of your account details. You are responsible for any activity associated with your account.

Eligibility

By using the Platform you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If not, you have received your parent’s or guardian’s permission to the services on the Platform and gotten your parent or guardian to agree to these Terms on your behalf. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Permitted Uses

You agree that you will not use, in any way, any device, software or other instrument to interfere or attempt to interfere with the proper working of the Platform. In addition you agree that you will not, in any way, use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Platform or the information contained herein, without prior written consent from authorised Cleeka.com representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this website). You may not use the Platform to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Platform without the express written consent of an Cleeka.com representative.

Communications

In connection with the Platform, you may receive alerts, notifications, messages (including any other type of messages such as email, text message). You have the choice to either opt-in or opt-out of these notifications by accessing your settings and choose to turn them on or off as well as the unsubscribe instructions in your emails you receive, except the less frequent, important service alerts. Also, please, be aware that messaging charges may incur depending on the carrier you use and the messaging plan you have.
Anything you submit by way of posting, share, upload, store or any other means provided by the Platform in order for others to view or find satisfaction (where applicable), grant us certain rights in such content. Please, know that by submitting this content you also permit the Company to modify, distribute, translate and reproduce (for purposes of making sure the content is viewable properly on the Platform, such as on devices like computer or mobile phones and tablets. This does not affect your ownership in the content. For more information on our Privacy Policy, see the policy by accessing (  www.cleeka.com/privacy and policy/  )
Your agreement to permit the Company to use this content for the purposes of the Platform does not come at any cost to the company, such as royalties, license fee. When you delete your account from the Platform we will stop showing the content, except for the public content which will remain visible for others to see. You also agree that it is not possible to fully delete that content from Company’s records, and that your content may remain displayable somewhere else to the extent that they were copied or stored by other users.

Publicity

You agree that the Company can use your submitted content, including your identification or your organization’s identification, logos and other materials on the website in order to market the Platform and yourself as a user on the website. This permission is non-exclusive and royalty free and will be used for marketing, advertising and promotion of the Platform.

Suggestions

We are open to receiving any form of suggestions such as feedback on the Platform, improvements, and new feature requests relating to the Platform. You can send suggestion via the contact email address provided as means of contacting the Company or any other means we make available. You agree that any suggestions you provide are royalty-free, transferable, sub-licensable and fully-paid under any and all intellectual property rights that you own or control to use, copy, modify and create derivatives.

Responsibilities

It is the original person’s (whom the content originated from) sole responsibility to ensure that any information or content that is publicly uploaded or privately transferred through the Platform is free from errors or omissions and does not harm or is offensive to other users. You access such information and content at your own risk and we are not liable for any damages or loss you may suffer in connection with it. We have no control or responsibility to take any action with regards to how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Platform.

The responsibility for all the information and content you provide to the Platform, in any form possible, remains with you. You represent and warrant that you have all the rights necessary to do so, in the manner in which you provide the information and content. You will keep all your registration information accurate and present and the responsibility for your activity on the Platform lies with you.
You accept that there are no risks in accessing third party links and websites that are not owned by the Platform and may be contained on the Platform and that the Company is not responsible for such risks. We encourage you to also read the terms and conditions and privacy policy of third party websites that you access and use, when you leave the Platform.

We do not have responsibility or control over the content, accuracy, privacy policies, opinions or practices expressed in any third party websites or by any third party that you engage with through the Platform. Furthermore, we cannot monitor, edit, censor or verify the content of any third party website or service. You release and hold us harmless from any and all liability arising from your use of any third party website or service.

Changes on the Platform

In order to provide an excellent service to users, we may suspend or discontinue any party of the Platform, or may introduce new features or restrict certain features and access to all parts of the Platform. When we make any changes that are material to the Platform notice will be given to you though not always practical. Similarly, we reserve the right to remove any information or content from the Platform at any time, for any reason including, but not limited to, if someone alleges you provided that information or content in violation of these terms.

Conclusion of sales and availability of stock

Cleeka.com may accept or reject any orders placed by customers depending on the availability of the products, accuracy of the information relating to the products and receipt of payment or payment authorization by Cleeka.com for the products.

Acceptance of orders will be indicated by delivery or collection which then results in the agreement of sale between you and Cleeka.com.

You agree that prices for goods on the Platform may change at anytime without notice to you. Reasonable effort will be made to ensure availability of stock and when stock is unavailable customers will be notified. In case of stock being unavailable Cleeka will refund you.

Payment

Cleeka.com strives to provide secure payment facilities that encrypt transactions through encryption technology. Payments can be made via the following options;

Debit/Credit Card:- where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Platform.

Ecocash:- where payments are made by Ecocash the appropriate Ecocash Merchant Number will be shown for payment.

You may contact us via our contact email address to obtain a full record of your payment. We will also send you email communications about your order and payment.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of Zimbabwe. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Zimbabwean courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Cleeka.com, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of Zimbabwe notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.