- Thank you for using the Luggore Africa Company Limited online shopping platform.
- You have an obligation to carefully read through the terms & Conditions. By using the website (luggore.com) and associated sites of Luggore Africa Company Limited, you accept that you are bound by these terms and conditions.
- Please read these terms and conditions carefully. Pay attention to the provisions that exclude or limit liability, the terms of dispute resolution, the governing law and jurisdiction.
- Luggore is an open market place on which various persons can sale and buy products. None of the products listed on the website are owned or sold by Luggore, neither is Luggore involved in the actual sale transaction between the buyers and sellers on its Site. We are a modern platform to make the sales and delivery of products possible.
- These terms and conditions apply to the website, and all of the processes arising from the transactions or activities carried out on the site or for the site for example uploading of a product, viewing of a product, purchasing a product, shipping, delivery, pick up to mention but a few and other process arising from or for the use of this website.
- This Agreement is entered into between you also referred to as “Clan member” or “Chief” hereinafter and the Luggore Africa Company Limited also referred to ( “Luggore” or “we” or “our”) hereinafter for the use of luggore.com and its sister websites hereinafter referred to as “ website” for certain transaction services offered through the website as described hereunder.
- Luggore reserves the right to change, add, edit, improve or remove parts of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
- By using Luggore Africa Company Limited Services, you agree to these terms conditions and confirm that you understand them.
- In the unfortunate occasion that you disagree with these terms and conditions, please refrain from using this website and associated services of Luggore Africa Company Limited because these terms are the compass upon which Luggore Africa Company limited provides its services.
- A Clan member is a person who uses our website to browse, select and order for items or a person with a Luggore shopping account while a Chief is a person who uses our Website to sell products through a Luggore Seller account.
2.0. General conditions of transactions and payment between Luggore and the Chief.
- Payment by Luggore to the Chief: Payments made to the Chief are calculated as the (sum of the selling price, tax and packaging of all items delivered to the Clan member minus the sum of the Luggore referral fee, packaging and all taxes payable by Luggore per the Ugandan tax structure and any other fees arising including but not limited to bank transfer fees, financial charges)
- Luggore will not pay the Chief for returned items and will bill the Chief for packaging, shipping, referral fees and other costs incurred to return the item to the Chief and refund or deliver a replacement item to the Clan member.
- Payment from Luggore to the Chief should ideally occur within 10 days. This payment period of 10 days is only an ideal occurrence but not a guarantee or must. In the unlikely event of delay, Luggore will not be liable for any expenses incurred by the seller due to the delay. Luggore will only be obligated to pay the Chief (the sum of the selling price, tax and packaging of all items delivered to the Clan member minus the sum of the Luggore referral fee, packaging and all taxes payable by Luggore per the Ugandan tax structure and any other fees arising including but not limited to bank transfer fees, financial charges)
- The currency used to pay Chiefs shall be Ugandan Shillings.
- Payments will be made by Bank Transfers. The Chief must enter their exact and up to date Bank information in their Luggore seller account. We will not be liable for anything arising from invalid or wrong bank information entered by a Chief.
- The Chief has to provide an invoice for the Clan member when providing to Luggore the product to be delivered to the Clan member. Luggore will invoice the Chief for its referral fee and other fees arising from the transaction.
- The Chief agrees to pay and be responsible for any taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event Luggore is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Luggore.
- The Chief will also be liable for any financial charges for remission of funds to the Chief. Luggore shall have the right to pay such charges from the funds they are remitting to the Chief. Luggore shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the Chief receiving the funds will bear the costs of such bank charges.
- The money collected by Luggore on behalf of the Chief is based on the orders successfully delivered and paid for by to the Clan member. The Chief understands that they will only be paid for items that have been successfully delivered to the Clan member.
- Any money due to the Chief after a successful delivery of an item by Luggore may be applied by Luggore as a set off against any money owed by the Chief to Luggore, or against any claims of third parties against Luggore arising from the Chief’s performance under any document.
- VAT liability for the product sold rests with the Chief and Luggore will not be responsible for any VAT obligations that may arise. Luggore will remit and declare applicable taxes, including VAT if applicable on the Luggore service and fees collected for its services and withholding tax where applicable.
3.0. Use of the Website.
- By using the website you confirm that you are either 18 years of age and above or you are accessing the Site under the supervision and guidance of a parent or legal guardian.
- We grant you a license to use this website as per our terms and conditions. This license that we have granted you is revocable. This license is also non-transferable and it is not exclusive. The license permits you to use the website for the purpose of shopping for items sold on the website.
- Commercial usage and the usage of the website on behalf of a third party is prohibited. Commercial usage can only be explicitly permitted by Luggore in advance.
- Breach of any of the above Terms and Conditions shall result in the immediate revocation of the license of usage without notice to you.
- Content provided on this website is solely for informational and guidance purposes. Product representations including but not limited to images and descriptions shown on this website are those of the Chiefs and not Luggore.
- Submissions or opinions expressed on this website by the Clan member or Chief are those of the Clan member or Chief posting such content and will not reflect the opinions of Luggore.
- You agree to provide the website with accurate information about yourself and keep that information up to date.
- You are solely responsible for keeping your Luggore account information safe. That includes but is not limited to passwords and user names. You are entirely responsible for all activities that occur under your Luggore account and password. You must notify us of any unauthorized use of your password or account. Luggore shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
- By becoming a Chief or Clan member, you agree to receive promotional emails from Luggore.
4.0. Accessibility of website.
- We will endeavor to make the website accessible at all times; however, we reserve the right to terminate the website at any time and without notice.
- You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control. Management reserves right of accessibility.
5.0. Misuse of ‘Website’
- Luggore LLC endeavors to protect its users from inappropriate and illegal content. However, in some instances an account owner may misuse the platform. We request you to please report problems, offensive content and policy breaches to us. We also work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties.
- If you believe that your intellectual property rights have been infringed, please notify Luggore and we will investigate.
6.0. User submissions/Posts/uploads
- Anything that you enter/submit/post/upload to the website including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive property and shall not be returned to you.
- By posting or submitting content, you grant Luggore a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Luggore and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Luggore for all claims resulting from content you supply.
- Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages is not permitted on our website. Luggore reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- We may, but shall not be obligated to, remove or edit any content Submitted.
- Order acceptance and pricing
- We are determined to provide the most accurate pricing and description information on the website to our clan members; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. Luggore will not be liable in any way for these pricing and description errors. We will not as an obligation endeavor to keep the website error free.
- Due to the possibility of pricing or description errors among other errors, we reserve the right to refuse or cancel any order. We may, at our own discretion, either contact you for instructions or cancel your order and may notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card or mobile money has been charged.
- In any other instance whatsoever, Luggore may not be able to complete an order therefore Luggore reserves the right to refuse or cancel any order for any reason at any given time without notice. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.
8.0. Force Majeure
- Luggore cannot be held responsible or liable for delays and/or failure to deliver resulting from Force Majeure, including but not limited to fires, accidents, floods, rebellions, wars, acts of terror, uprisings, strikes, or any other factor not within the control of Luggore.
9.0. Trademarks and copyrights
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, software compilations, underlying source code and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright , Intellectual Property and trade mark law. The Website Content is the property of Luggore.
- All rights are reserved.
- Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page or account on this website shall be prosecuted and civil damages shall be claimed in the event that Luggore suffers any damage or loss.
11.0. Legal disputes
- We encourage our clan members and Chiefs to contact the Luggore customer care team. It is our goal to solve disputes efficiently and amicably.
- In the case of disputes between you and Luggore, you agree to resolve all disputes arising from the services of Luggore through binding confidential individual arbitration which means that you waive any right to have those disputes decided by a judge and that you waive your right to participate in class actions, class arbitrations or representative actions.
- The Binding Confidential Individual Arbitration will be based on the Arbitration and Conciliation Act of Uganda 2008, as amended, replaced or re-enacted from time to time.
13.0. Limitation of liability
- We will at all times do our utmost best to ensure that all information displayed on the Site and in any communication from Luggore is accurate, however, should any inaccurate information be published by Luggore including but not limited to incorrect Product description or price, despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
- We cannot accept liability, to the full extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our and/or Third Party Vendor Products. You agree, to the maximum extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Services and/or your purchase of any products or services.
14.0. Applicable law and jurisdiction
- The laws of the Republic of Uganda will be the basis upon which these terms and conditions will be interpreted.
- Subject to the Arbitration and Conciliation Act of Uganda that is in force, each party hereby agrees to submit to the jurisdiction of the courts of Uganda and to waive any objections.
- Any controversy, claim or dispute arising out of our services or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Uganda in English and governed by Ugandan law pursuant to the Arbitration and Conciliation Act of Uganda 2008, as amended, replaced or re-enacted from time to time.
- We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
- Should you decide to register as a Chief or Clan member on the Website, we may require you to provide us with personal information which may include but is not limited to –
- your name and surname;
- your email address;
- your physical address;
- your gender;
- your mobile number; and
- Your date of birth.
- Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- Unless required by law, we will not, without your express consent use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of Goods;
- To contact you regarding current or new Goods or services or any other goods offered by us.
- To inform you of new features, special offers and promotional competitions offered by us.
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website
- disclose your personal information to any third party other than as set out below:
- to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- to our divisions (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by us
- to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
- To our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.) However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
- to our Chiefs in order for them to liaise directly with Clan members regarding any faulty Goods you have purchased which requires their involvement; and
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Luggore is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- If you object to your information being transferred or used in this way please do not use our services.
- You hereby indemnify Luggore and undertake to keep Luggore (and our officers, directors, agents, subsidiaries, joint ventures and employees) indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms or the rights of a third party.
- Should any article in the Terms & Conditions herein be deemed illegal, unenforceable or revoked for any reason, it shall be considered severed from the Terms & Conditions herein, will be removed therefrom, and shall have no bearing on the applicability of the remaining articles.
- We may without prior notice to you, for any reason whatsoever immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. You shall immediately cease all access to and use of the website.
- Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the website shall not be liable to you or to any other person as a result of any termination.
- Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest Luggore shopping or seller account on the website.
- Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid.
- Alternatively, we may give you legal notices by mail to the address in your latest Luggore shopping or seller account in which case the notice shall be deemed given seven working days after the date of mailing.
- Except as explicitly stated otherwise, legal notices shall be served on Luggore by sending the notices to firstname.lastname@example.org
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing by us.
- We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
- 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 these terms and conditions. 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 these terms and conditions.
- No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions.
- Any failure by Luggore.com and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.
- In any event, you may not make any claim against Luggore or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim.
- Notwithstanding the foregoing provisions, we may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration.