User Agreement

In this User Agreement:
1. Introduction
2. Summary of Basic Principles
3. Use of the Website
4. Roles and Responsibilities
5. Tradeit Marketplace
6. Seller Agreement
7. Buyer Agreement
8. Currency
9. Payment Options
10. Content
11. Disclaimer of Warranties; Limitation of Liability
12. Release
13. Indemnity
14. Legal Disputes
15. General
16. Related Policies

1. Introduction

1.1 Welcome to the Tradeit marketplace where Buyers and Sellers can connect to more efficiently complete online transactions. The Tradeit marketplace is a platform that allows users to offer, sell and buy just about anything in Zimbabwe. The actual contract for sale is directly between the seller and buyer. Tradeit is not part to that contract, other than in relations to providing the online marketplace platform, facilitating online payments, and in certain cases perform last-mile delivery to the buyer.

1.2 We want to create a pleasurable and memorable experience for users of this platform. With this in mind, we have laid down some ground rules governing your interaction with other users of this Website. This User Agreement sets out the principles and behaviors that the Tradeit community reasonably expects of buyers and sellers using this platform. You agree to comply with all terms of this User Agreement when accessing or using our Services. This User Agreement also contains provisions that govern how claims you and we have against each other are resolved.

1.3 In this User Agreement, the Tradeit marketplace and all its services are individually and collectively referred to as “Tradeit,” “we,” or “us.” For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, ‘”You”, “Your” shall mean any natural or legal person who is accessing the Website, its contents and using the Marketplace offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User / Guest User using the digital systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become a Registered User or has been identified as Guest User by providing phone number and an email address.

1.4 The use of the Website is offered to you conditioned upon Your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by Tradeit at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being presented electronically. For the aforesaid purposes, ‘Acceptance’ shall mean Your affirmative action by clicking on the ‘check box’ and on the ‘continue’ button’ as provided on the registration page or clicking on ‘Buy Now’ button while transacting as a Guest User or any act which reflects Your use of the Website or the Marketplace provided by Tradeit or any such other actions that imply Your acceptance to the present electronic document. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the Terms of Use of this User Agreement please stop using this Website immediately.

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2. Summary of Basic Principles

2.1 The Tradeit marketplace community expects buyers and sellers to:

• Conduct themselves honestly and in good faith at all times.
• Comply with all laws, including sale of goods and intellectual property laws.
• Comply with Tradeit’s Terms & Conditions.

2.2 Sellers agree to:

• Describe items fully and accurately and answer questions promptly.
• Respond to emails as soon as possible, and within two working days.
• Ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties.
• Delivery charges should not be inflated for profit, and must be a fair and reasonable reflection of the actual packaging and postage costs.
• Not place negative feedback without making best endeavor to resolve issues through email first.
• Not engage in retaliatory feedback or behaviour.
• Not subsequently spam previous buyers.

2.3 Buyers agree to:

• Respond to emails as soon as possible, and within two working days.
• Pay for goods purchased as soon as possible, when using an offline payment method.
• Not place negative feedback without making best endeavours to resolve issues through email first.
• Not engage in retaliatory feedback or behaviour.
• Not subsequently spam previous sellers.

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3. Use of the Website

3.1. Membership Eligibility

Use of the Website is available only to persons who can perform legally binding contracts. Persons who are “incompetent to contract” including minors, are not eligible to use this Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website except through Your legal guardian or parents who have registered as users on the Website. Tradeit reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

3.2 Business entity registration:

 If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business/legal entity to this User Agreement.

3.3. Lawful Use.

3.3.1 In connection with using or accessing the Marketplace you shall not:

• post, list or upload content or items in inappropriate categories or areas on our sites;
• post, list or upload content or items belonging to another person and to which you do not have any right;
• breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools, or are a person with whom transactions are prohibited under any applicable law;
• fail to pay for items purchased by you, unless you have a valid reason, for example, a clear typographical error is made, or you cannot contact the seller.
• fail to deliver items sold by you, unless you have a valid reason , for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user’s listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems;
• transfer your Tradeit account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Tradeit or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Tradeit;
• interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Tradeit. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Tradeit or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Marketplace or post content that does not belong to you;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures used to provide the Marketplace;
• post content that harms minors in any way or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women”.

3.3.3 If we believe you are abusing Tradeit and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using our Services.

3.3.3 We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

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4.Roles and Responsibilities

4.1 Tradeit’s Role.
Tradeit ‘s role is that of a middleman in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer. At no time shall Tradeit have any obligations or liabilities in respect of such contract nor shall Tradeit hold any title in the products. The title in the products and other rights and interests in the products shall directly pass to the buyer from the seller.

4.1.1. Tradeit does not control, endorse or accept responsibility for any product proposed to be sold or offered to be sold or purchased on the website. Tradeit makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer’s own risk. The products shall be subject to Seller’s Terms of Use for warranty, service and maintenance, and Tradeit does not accept any responsibility for the same. Tradeit also does not accept any responsibility for the usage of the products by the Buyer.

4.1.2 Tradeit specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and Tradeit shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.

4.1.3 All contractual terms are offered by and agreed to between Buyers and Sellers alone. The contractual terms include without limitation price, delivery costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. Tradeit does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such contractual terms between Buyers and Sellers.

4.1.4. Tradeit is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Tradeit cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Tradeit shall not and is not required to mediate or resolve any dispute or disagreement between Users.

4.1.5. Tradeit does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that respect.

4.1.4 Tradeit does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Tradeit. Prices, Product description and availability of the Product are Seller’s responsibility.

4.1.7. Tradeit does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or takes of any of the goods or services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the Seller to the Buyer.

4.1.8 Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and Tradeit shall not in any manner be held liable for the same.

4.1.6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Tradeit is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Tradeit nor shall Tradeit have any obligations or liabilities in respect of such contract for sale. Tradeit is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.

4.1.7. At no time shall any right, title or interest over the items vest with Tradeit nor shall Tradeit have any obligations or liabilities in respect of such contract. Tradeit is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable.

4.1.8. You shall independently agree upon the manner and Terms of Use of delivery, payment, insurance etc. with the other Users that You transact with.

4.1.9. You release and indemnify Tradeit and/or any of its shareholders, directors, officers, affiliates, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Tradeit cannot control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

Disclaimer:
You acknowledge and undertake that You are accessing the Marketplace on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.

4.2 Buyers’ and Sellers’ Obligations to Tradeit.
As a Buyer, you must comply with all Applicable Laws and terms of this Agreement. Buyers must also ensure they have provided consent to processing and sharing of their personal data once they begin transacting on the Tradeit Marketplace. Without limiting the generality of the foregoing, Sellers must ensure that Buyers have received all products purchased on this platform and as required by Applicable Laws. Sellers must ensure that all membership fees and any other Marketplace fees are paid in due course to keep their accounts in good standing.

4.3 Buyer’s Obligations to Sellers.
As a buyer, your primary obligation is to pay for all orders placed on this platform to the relevant Seller(s) when payment is due.

4.4 Sellers’ Obligations to Buyers.
Sellers must perform the obligations they accept with respect to fulfilling orders placed by buyers on this platform. Sellers’ are also responsible for resolving any issues raised by buyers subsequent to or during the order fulfillment process. Any disputes must be handled in a manner that does not bring the Tradeit marketplace into disrepute.

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5. Tradeit Marketplace

5.1 Availability of Tradeit Marketplace.

 We will (i) allow Sellers access to the Tradeit Marketplace pursuant to this Agreement during the applicable Subscription Term(s) once they have purchased the Tradeit Membership; (ii) make technical support available to them, either through our Customer Support team, at no additional charge; and (iii) make reasonable efforts to make the Tradeit Marketplace available online 24 hours a day, 7 days a week, except for:
(a) downtime for Scheduled Maintenance or emergency maintenance, and
(b) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, hurricane, civil unrest, act of terror, strike or other labor problem, or Internet service provider failure or delay.

5.2 Scheduled Maintenance and Emergency Maintenance.

Tradeit will provide You with at least 7 days advance written notice (e.g., electronic notice to Your Users either via the Tradeit Marketplace or email) of any scheduled maintenance, including the time and the length of the scheduled maintenance period (“Scheduled Maintenance”). If Tradeit deems it necessary to perform emergency maintenance on the Tradeit Marketplace (meaning any downtime that is not Scheduled Maintenance), Tradeit will use commercially reasonable efforts to provide You with 24-hour notice (e.g., electronic notice either via the Tradeit Marketplace or email).

5.3 Security Measures.

In order to protect the integrity and quality of products sold on the Tradeit Marketplace, Tradeit may, without liability, suspend or terminate any or all access to the Tradeit Marketplace by revoking Your Tradeit Membership or restricting Your User login(s):
(i) following a possible or actual security breach or cyber-attack on Tradeit,
(ii) in order to protect Tradeit’s technology,
(iii) if required by a governmental entity or law enforcement agency,
(iv) if a User is causing technical or other problems to the Marketplace,
(v) upon the termination or expiration of a Subscription Term, or
(vi) as otherwise allowed under this Agreement.

5.4 User Reviews, Ratings and Comments

5.4.1 Tradeit provides the ability for buyers to post reviews, comments and ratings on the performance of Sellers with whom they have entered into transactions.

In posting ratings and/or comments, you warrant that:

• You have purchased and used the product in question;
• The comment/rating relates to a specific transaction relating to the product sold by the particular seller;
• The statements of fact reflected in the ratings and/or comments posted by you are true or not materially different from the truth;
• The opinions reflected in the ratings and/or comments posted by you are genuine and honestly held by you;
• You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone’s privacy, harmful to other users, harmful to Tradeit or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any legislation.

5.4.2 Irrespective of any monitoring of ratings, comments or other content on the Website which Tradeit undertakes, Tradeit shall not be responsible for screening, editorial, or other control over ratings, comments or other content and you acknowledge that the Website may include material that could be deemed distasteful, misleading, inaccurate, offensive, or otherwise objectionable.

5.4.3 Tradeit assumes no responsibility or liability for the preservation of content on the Website and may modify or remove it at its sole discretion.

5.4.4 Tradeit does not necessarily endorse, support, sanction, encourage, verify or agree with the ratings and/or comments posted by users of the Website.

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6. Seller Agreement

6.1 As a registered seller, you may list products for sale on Tradeit in accordance with this User Agreement as well our Terms of Use. You represent that You are legally allowed to sell the products you list for sale on Tradeit. You further agree to ensure that the products sold by You through Tradeit are genuine and are not counterfeit, stolen, spurious, grey channel or knock off items. You further agree to ensure that the products listed by you on Tradeit do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.

6.2 You acknowledge and understand that “Listings” may include text descriptions, graphics and pictures that describe your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if you are;
(i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to your goods or its packaging;
(ii) offering or putting for sale or stocking the goods under the said trademark; or
(iii) using the said trademark in advertising your product.

6.3 You acknowledge that if any genuine claim is received by Tradeit from any person, Tradeit may in its sole discretion block your Seller account and/or remove the products listed by you on Tradeit, without any prior notice to You. Tradeit would however provide you a post facto intimation regarding the same. You agree that you shall have no claim whatsoever against Tradeit in this regard and the decision of Tradeit, as aforesaid shall be binding on You.

6.4 You further agree to ensure that the listing description of the item must not be misleading and must describe actual present condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, you agree to replace the product delivered to the Buyer with the correct product and/or refund any amounts that You may have received from the Buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the Website. Tradeit reserves the right to delete such multiple listings of the same product listed by you in various categories.

6.5 When listing an item for sale on Tradeit Marketplace, you agree to comply with this User Agreement as well as Tradeit’s < a href =”/terms-of-service”>Terms of Use and that:

(a) You are responsible for the accuracy and content of the listing and item offered (b) products that you list must be located in, and only offered to users within, Zimbabwe (c) You must not place multiple listings for the same item (d) Your listing may only contain a URL for a website that contains further information about the item you have listed (e) You should only enter listings that are accurate, current, complete, and include all relevant information about the product provided. You must list products in the most appropriate category; (f) You must promptly respond to queries received from buyers in relation to the items advertised (g) You agree not to post, or to encourage others to post, ratings and/or comments about your products which are untrue, inaccurate or misleading (h) Content that violates any of Tradeit’s policies may be modified, obfuscated or deleted at Tradeit’s discretion (i) We may revise product data associated with listings to supplement, remove, or correct information

To give buyers peace of mind, Sellers must create and publish, within their stores, rules governing order replacements, returns, and refunds under certain circumstances.

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7. Buyer Agreement

When buying an item on Tradeit Marketplace, you agree to this User Agreement and that:

(a) You are responsible for reading the full item listing before commitment to buy (b) You enter into a legally binding contract to purchase an item when you commit to buy an item (c) Tradeit does not transfer legal ownership of items from the seller to the buyer.

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8. Currency

By default Tradeit list all products in United States Dollars (USD).

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9. Payment Options

Tradeit offers a variety of online and offline payment options for sellers to use. These will clearly be displayed to the buyer on the Checkout/Payment page.

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10. Content

10.1 When you provide content using the Marketplace (directly or indirectly), you grant us a non-exclusive, perpetual, irrevocable right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Marketplace, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Tradeit, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Marketplace.

10.2 You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Tradeit takes no responsibility and assumes no liability for any content provided by you or any third party.

10.3 We offer product data (including images, descriptions and specifications) that are provided by third parties (including Tradeit users). You may use that content solely in your Tradeit listings. Tradeit may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

10.4 We try to offer reliable product data, but cannot promise that the content provided through the Marketplace will always be available, accurate, complete, and up-to-date. You agree that Tradeit is not responsible for examining or warranting the listings or content provided by third parties through the Marketplace, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

10.5 The name “Tradeit” and other Tradeit marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Tradeit in Zimbabwe. They may not be used without the express written prior permission of Tradeit.

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11. Disclaimer of Warranties; Limitation of Liability

11.1 We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

11.2 You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, Terms of Use including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.3 In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the content you provide (directly or indirectly) using the Marketplace;
• your use of or your inability to use our Services;
• pricing, delivery, format, or other guidance provided by Tradeit;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Tradeit Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account
• the duration or manner in which your listings appear in search results a; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

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12. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

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13. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Tradeit’s Services or your breach of any law or the rights of a third party.

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14. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Tradeit HAVE AGAINST EACH OTHER ARE RESOLVED.

14. 1 You and Tradeit agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Tradeit (including any claim or dispute between you and a third-party agent of Tradeit) that relates in any way to or arises out of this User Agreement, your use of or access to the Marketplace, the actions of Tradeit or its agents, or any products or services sold or purchased through the Marketplace, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

14. 2 You agree that, the laws of the Republic of Zimbabwe, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Tradeit, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

14.3 You and Tradeit each agree that any and all disputes or claims that have arisen, or may arise, between you and Tradeit (including any disputes or claims between you and a third-party agent of Tradeit) that relate in any way to or arise out of this User Agreement, your use of or access to the Marketplace, the actions of Tradeit or its agents, or any products or services sold, offered, or purchased through the Marketplace shall be resolved exclusively through final and binding arbitration, rather than in court.

C. Arbitration Procedures

14. 4 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide.

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15.General

15.1 Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on this website.

15.2 Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

15.3 We may amend this User Agreement at any time by posting the amended terms on this website. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the Tradeit Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Tradeit representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

15.4 The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on this website.

15.5 If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

15.6 The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Tradeit, and supersede all prior understandings and agreements of the parties.

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16. Related Policies

1. Acceptable Use
2. Privacy & Cookies
3. Product Listing
4. Terms of Service

Date Last Updated: 18 April 2023.