Conditions of Use

Welcome to Khutenga.com. Khutenga.com Services LLC and/or its affiliates (“Khutenga”) provide website features and other products and services to you when you visit or shop at Khutenga.com, use Khutenga products or services, use Khutenga applications for mobile, or use software provided by Khutenga in connection with any of the foregoing (collectively, “Khutenga Services”). Khutenga provides the Khutenga Services subject to the following conditions.

By using Khutenga Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Khutenga Services, and sometimes additional terms may apply. When you use an Khutenga Service (for example, Your Profile, Gift Cards, Khutenga Video, Your Media Library, Khutenga devices, or Khutenga applications) you also will be subject to the guidelines, terms and agreements applicable to that Khutenga Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Khutenga Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Khutenga Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Khutenga Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through any Khutenga Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Khutenga or its content suppliers and protected by Zambian Law and international copyright laws. The compilation of all content included in or made available through any Khutenga Service is the exclusive property of Khutenga and protected by Zambia and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Khutenga trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Khutenga Service are trademarks or trade dress of Khutenga in the Zambia and other countries. Khutenga’s trademarks and trade dress may not be used in connection with any product or service that is not Khutenga’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Khutenga. All other trademarks not owned by Khutenga that appear in any Khutenga Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Khutenga.

PATENTS

One or more patents owned by Khutenga apply to the Khutenga Services and to the features and services accessible via the Khutenga Services. Portions of the Khutenga Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Khutenga patents and applicable licensed patents.

LICENSE AND ACCESS

YSubject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Khutenga or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Khutenga Services. This license does not include any resale or commercial use of any Khutenga Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Khutenga Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Khutenga or its licensors, suppliers, publishers, rightsholders, or other content providers. No Khutenga Service, nor any part of any Khutenga Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Khutenga. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Khutenga without express written consent. You may not use any meta tags or any other “hidden text” utilizing Khutenga’s name or trademarks without the express written consent of Khutenga. You may not misuse the Khutenga Services. You may use the Khutenga Services only as permitted by law. The licenses granted by Khutenga terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Khutenga account to use certain Khutenga Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.Khutenga.com/cpe/managepaymentmethods? to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Khutenga does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Khutenga Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Khutenga Household. Alcohol listings on Khutenga are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Khutenga reserves the right to refuse service, terminate accounts, terminate your rights to use Khutenga Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not 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. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Khutenga reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Khutenga a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Khutenga and sublicensees 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 Khutenga for all claims resulting from content you supply. Khutenga has the right but not the obligation to monitor and edit or remove any activity or content. Khutenga takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Khutenga respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All purchases of physical items from Khutenga are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Khutenga does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Khutenga does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .

PRODUCT DESCRIPTIONS

Khutenga attempts to be as accurate as possible. However, Khutenga does not warrant that product descriptions or other content of any Khutenga Service is accurate, complete, reliable, current, or error-free. If a product offered by Khutenga itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Khutenga and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Khutenga.

With respect to items sold by Khutenga, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Khutenga is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Khutenga, such as the Khutenga App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

OTHER BUSINESSES

Parties other than Khutenga operate stores, provide services or software, or sell product lines through the Khutenga Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Khutenga. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Khutenga does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE KHUTENGA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KHUTENGA SERVICES ARE PROVIDED BY KHUTENGA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KHUTENGA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KHUTENGA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KHUTENGA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KHUTENGA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, KHUTENGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KHUTENGA DOES NOT WARRANT THAT THE KHUTENGA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KHUTENGA SERVICES, KHUTENGA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KHUTENGA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KHUTENGA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KHUTENGA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KHUTENGA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Khutenga Service, or to any products or services sold or distributed by Khutenga or through Khutenga.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration Act No.19 of the Laws of Zambia will apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Olive Legal Practice. The arbitration will be conducted by an Independent party picked by the Agent under its rules, including the Supplementary Procedures for Consumer-Related Disputes. The dispute resolution procedure rules are available at www.olivelegalpractice.com or by calling +260967810572 Payment of all filing, administration and arbitrator fees will be governed by the Dispute Resolution Procedure rules. We will reimburse those fees for claims totalling less than K5,000 unless the arbitrator determines the claims are frivolous. Likewise, Khutenga will not seek legal’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Khutenga Service, you agree that the Arbitration Act No.19 of 2000, applicable Zambian law, and the UNICTRAL rules, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Khutenga.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Khutenga Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Khutenga Investments Limited.

P.O. Box 50848

Lusaka Zambia

Email: info@khutenga.com

Mobile : +260 766429850

Plot 7707,

Woodlands Extension

Lusaka

https://www.Khutenga.com

ADDITIONAL KHUTENGA SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Khutenga Services (the “Khutenga Software”).

Use of the Khutenga Software. You may use Khutenga Software solely for purposes of enabling you to use the Khutenga Services as provided by Khutenga, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Khutenga Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Khutenga Software in whole or in part. All software used in any Khutenga Service is the property of Khutenga or its software suppliers and is protected by Zambian and international copyright laws.

2. Use of Third Party Services. When you use the Khutenga Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Khutenga Software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the Khutenga Software at any time and without notice to you.

5. Government End Users. If you are a Zambian Government end user, we are licensing the Khutenga Software to you as a “Commercial Item” as that term is defined in Dispute Procedure Rules and the rights we grant you to the Khutenga Software are the same as the rights we grant to all others under these Conditions of Use.

6. Conflicts. In the event of any conflict between these Conditions of Use and any other Khutenga or third-party terms applicable to any portion of Khutenga Software, such as open-source license terms, such other terms will control as to that portion of the Khutenga Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Khutenga accepts service of subpoenas or other legal process only through Khutenga’s national registered agent, Olive Legal Practice. Subpoenas or other legal process may be served by sending them to Olive Legal Practice at the following address:

Olive Legal Practice

Plot 25215, Kumoyo Road Pope Square, Youth Department Building

Suite3 & 4 Longacres

P.O. Box 520540, Woodlands

Lusaka, Zambia

Attn: Khutenga Digital Platform – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Khutenga devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at: