Odaah Terms of Use


Hello, and thanks for visiting! Odaah Inc., which does business as a multi-seller ecommerce website operates and provides services through www.odaah.com (the "Site"), the Odaah mobile app (the "App"). We know these types of documents can get pretty dense, but we want you to read this, so we'll do our best to keep it easy to read.

Before using any of the Services, please read these Terms of Use (these "Terms"), our Privacy Policy, and any other policies and notices on the Site or on the App. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and Odaah to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, contact us at support@odaah.com.

By signing up for the Odaah services or any of the services of Odaah Inc. or its affiliates ("Odaah") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The services offered by Odaah under the Terms of Service include various products and services to help you buy goods and services from sellers or sell these to buyers through online communication and ecommerce interaction. Any such services offered by Odaah are referred to in these Terms of Services as the "Services". Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

1. We Reserve the Right to Update and Revise These Terms of Use at Any Time

Things happen quickly, both inside and outside of Odaah, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time upon 7 days notice. Well provide notice by changing the Effective Date at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because 7 days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms, so be sure to occasionally check back for updates.


2. Account Terms

1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use sthis Service. You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity.

2. To access and use the Services, you must register for Odaah account (Account) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Odaah may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

3. You acknowledge that Odaah will use the email address you provide as the primary method for communication.

4. You are responsible for keeping your password secure. Odaah cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (Materials).

6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Odaah will result in an immediate termination of your services.

7. You may be able to navigate some of the Services without creating a user account (Account); but certain Services (like making a purchase or communicating to other users) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

3. Account Activation

3.1 Odaah Account

1. Subject to section 3.1.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

4. General Conditions

1. You may not use the Odaah service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction, or the laws of Uganda. You will comply with all applicable laws, rules and regulations in your use of the Service.

2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Odaah.

3. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Odaah or Odaah trademarks and/or variations and misspellings thereof.

4. Questions about the Terms of Service should be sent to support@odaah.com.

5. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

6. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Odaah, is governed by its privacy policy at https:odaah.com/legal/privacy.

7. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Odaah's Terms of Service available in another language, the most current English version of the Terms of Service at https://www.odaah.com/terms.php will prevail.

5. Odaah Rights

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Odaah customer, Odaah employee, member, or officer will result in immediate Account termination.

5. Odaah does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Odaah employees and contractors may also be Odaah customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, your phone number, etc.

8. Odaah retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Odaah reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. Limitation of Liability

1. You expressly understand and agree that Odaah shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

2. In no event shall Odaah or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Odaah partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

3. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

4. Odaah does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5. Odaah does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

6. Odaah does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is "as is" so it may have errors or interruptions and we provide no warranties.

7. Waiver and Complete Agreement

The failure of Odaah to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Odaah and govern your use of the Service, superseding any prior agreements between you and Odaah (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Odaah chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Odaah don't apply if they conflict with these terms.

8. Intellectual Property and Customer Content

1. We do not claim any intellectual property rights over the Materials you provide to the Odaah service. All Materials you upload remains yours. You can remove your Odaah store at any time by deleting your Account.

2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Odaah to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Odaah can, at any time, review all the Materials submitted to its Service, although Odaah is not obligated to do so.

3. You retain ownership over all Materials that you upload to a Odaah store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.

4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

5. Odaah shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

9. Odaah Experts

1. Odaah Experts are companies or individuals who may include freelancers, finance accountants, marketing consultants, graphic designers, etc. who provide their services to other users on the network to help them effectively operate on the network and grow their businesses. Odaah does not employ Experts and is in no way affiliated with Experts.

2. Odaah does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Odaah and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.

3. Under no circumstances shall Odaah be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Odaah experts. These limitations shall apply even if Odaah has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

WHICH MEANS

Experts are not employees of Odaah and we are not responsible for them.

10. Payment of Fees

1. You will pay fees applicable to your subscription to online paid service. These may include fees for opening up a business page, finance transfer, business promotion, advertising, or marketing fees, and subscribing to shipping service. Payments are made through MTN mobile money and Airtel money, for respective users of these Third party service providers, or use of Visa debit and credit cards.

2. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Odaah's products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Odaah of your exemption. If you are not charged Taxes by Odaah, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

3. You must maintain your current location in the administration menu of your Odaah store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.

4. Odaah does not provide refunds.

11. Cancellation and Termination

1. You may cancel your Account at any time by emailing support@odaah.comand then following the specific instructions indicated to you in Odaah's response.

2. Upon termination of the Services by either party for any reason:/p>

a. Odaah will cease providing you with the Services and you will no longer be able to access your Account;

b. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

c. any outstanding balance owed to Odaah for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

d. your store website will be taken offline.

3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again

4. We reserve the right to modify or terminate the Odaah Service or your Account for any reason, without notice at any time.

5. Fraud: Without limiting any other remedies, Odaah may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

12. Modifications to the Service and Prices

1. Prices for using the Services are subject to change upon 30 days' notice from Odaah. Such notice may be provided at any time by posting the changes to the Odaah Site (odaah.com) or the administration menu of your Odaah store via an announcement.

2. Odaah reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

3. Odaah shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

13. Third Party Services

1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Odaah's partners or other third parties.

2. Odaah may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use. Such Third Party Services may include payment services, and shipping/delivery services, which are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). Any use by you of Third Party Services offered through the Services or Odaah's website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Odaah may receive a revenue share from Third Party Providers that Odaah recommends to you.

3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Odaah has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. Odaah does not guarantee the availability of Third Party Services and you acknowledge that Odaah may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Odaah is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Odaah strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Odaah is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

5. Under no circumstances shall Odaah be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Odaah has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

6. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Odaah partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

14. Privacy & Data Protection

Odaah is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Odaah's collection, usage and disclosure of this personal information is governed by our Privacy Policy.