Terms and conditions

1.Introduction

www.kampalaarcade.com is an online ecommerce store that brings together sellers and buyers of different products. Here we refer to the website as Kampala Arcade Online.

The general terms and conditions shall apply to buyers and sellers on Kampala Arcade Online and shall govern your use of the Kampala Arcade Online and related services.

By Kampala Arcade Online, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our website.

If you use Kampala Arcade Online in the course of a business or other organizational project, then by so doing you confirm that you have obtained the necessary authority to agree to these general terms and conditions;

Bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and

agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

  1. Registration of an account.

You may not register with our Kampala Arcade Online if you are under 18 years of age (by using Kampala Arcade Online or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

You may register for an account with Kampala Arcade Online by completing and submitting the registration form on our Kampala Arcade Online. 2.3. You represent and warrant that all information provided in the registration form is complete and accurate.

If you register for an account with Kampala Arcade Online, you will be asked to provide an email address/user ID and password and you agree to:

Keep your password confidential;

Notify us in writing immediately (using our contact details provided at section

Be responsible for any activity on Kampala Arcade Online arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure

Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same. You may cancel your account on our Kampala Arcade Online whenever you feel like you are no longer interested in our services.

  1. Terms and conditions of sale.

You acknowledge and agree that:

Kampala Arcade Online provides an online location for sellers to sell and buyers to purchase products;

we shall accept binding sales, on behalf of sellers, but Kampala Arcade Online is not a party to the transaction between the seller and the buyer; and,

A contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via Kampala Arcade Online.

Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

The price for a product will be as stated in the relevant product listing;

The price for the product must include all taxes and comply with applicable laws in force from time to time;

Delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;

Products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and

The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions including in respect of third-party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

  1. Returns, Cancellation and shipping Policy.

Our Return and Cancellation policy allows you to cancel an order should you think you do not require the item any longer. This must be done at the earliest possible time after the order was placed and you must inform us immediately by phone and email.

Refunds would be processed if the item has not been damaged in any way or taken out of any form of its packaging.

All purchases are covered by our “guarantee to supply you fresh and quality products or your money back”.

Always check all orders once received to ensure they are in good expected condition.

If you think the Order (item) received is not in good condition, send us an email informing us immediately and ensure it is returned within 2 days of receipt for your full refund.

If a customer decides to return on their terms, delivery charges would not be refunded should Kampala Arcade Online discretionary decide to refund on the Order itself.

When the wrong delivery address is provided by the customer when placing the order, the cost of attempted delivery would not be refunded. If the Order is perishable, we will not be able to refund the cost of the order itself as it cannot not be resold any longer.

When Orders processed to overseas destinations are returned by customs because the customer did not pay the charges when applicable, we would not be responsible for the delivery charges incurred and will only refund the value of any item returned. Payment of customs charges are the responsibility of the customer.

Under any circumstances of uncertainty, please do not hesitate to contact us and would be willing to help.

We have provided Shipping, Returns and Cancellation policy as part of our Term and Condition of business.

Using this site constitutes an agreement to the terms set out here and in other sections of this website.

Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.

Returns and Cancellation Policy

5.Payments

You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines Kampala Arcade Online.

Shipping Policy

We ensure that you receive all purchases in the right condition and timely.

All orders are dispatched immediately subject to availability. We target to dispatch within 12-24 hours (One day).

For any reason the items are out of stock and we cannot meet the projected time, customers would immediately be notified.

Upon delivery of the order, we require a signature confirming item received. (Please arrange for someone else to receive the order and sign if you are not available).

  1. Rules about your content.

In these general terms and conditions, “your content” means: all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us to Kampala Arcade Online for storage or publication, processing by, or onward transmission; and

All communications on Kampala Arcade Online, including product reviews, feedback and comments.

Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.

Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

Depict violence in an explicit, graphic or gratuitous manner; or be blasphemous, in breach of racial or religious hatred or discrimination legislation;

Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

Cause annoyance, inconvenience or needless anxiety to any person; or constitute spam.

Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

Any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

Any right of confidence, right of privacy or right under data protection legislation;

Any contractual obligation owed to any person; or any court order.

You must not use Kampala Arcade Online to link to any website or web page consisting of or containing material that would, were it posted on Kampala Arcade Online, breach the provisions of these general terms and conditions.

You must not submit to Kampala Arcade Online any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The review function on Kampala Arcade Online may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews

You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the Kampala Arcade Online outside of the Kampala Arcade Online; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.

You acknowledge that all users of Kampala Arcade Online are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.

If you learn of any unlawful material or activity on our Kampala Arcade Online, or any material or activity that breaches these general terms and conditions, you may inform us by contacting by email or by call.

  1. Our rights to use your content.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.

You grant to us the right to sub-license the rights licensed under section

You grant to us the right to bring an action for infringement of the rights licensed

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

  1. Use of website and Mobile applications.

View pages from our website in a web browser;

Download pages from Kampala Arcade Online for caching in a web browser;

Print pages from Kampala Arcade Online for your own personal and non-commercial use, providing

that such printing is not systematic or excessive;

Stream audio and video files from our website using the media player on our website; and use Kampala Arcade Online services by means of a web browser, subject to the other provisions of these general terms and conditions

Except as expressly permitted by section or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the Kampala Arcade Online.

Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on Kampala Arcade Online.

Unless you own or control the relevant rights in the material, you must not: republish material from our website (including republication on another website);

Republish material from our website (including republication on another website);

Sell, rent or sub-license material from Kampala Arcade Online;

We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

You must not:

use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

hack or otherwise tamper with our website; probe, scan or test the vulnerability of our website without our permission; circumvent any authentication or security systems or processes on or relating to our website;

use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);. decrypt or decipher any communications sent by or to our website without our permission;

conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

use our website except by means of our public interfaces;

violate the directives set out in the robots.txt file for our website;

use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or do anything that interferes with the normal use of our website.

9.Copyright and trademarks.

Subject to the express provisions of these general terms and conditions:

we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

All the copyright and other intellectual property rights in our website and the material on our website are reserved.

Our registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

  1. Data Privacy

Buyers agree to processing of their personal data in accordance with the terms of Kampala Arcade Online’s Privacy and Cookie Notice.

Kampala Arcade Online shall process all personal data obtained through Kampala Arcade Online and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

Sellers shall be directly responsible to buyers for any misuse of their personal data and Kampala Arcade Online shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

  1. Due Diligence and audit rights

We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the Kampala Arcade Online.

You agree to provide to us all such information, documentation and access to your business premises as we may require:

in order to verify your adherence to, and performance of, your obligations under this Agreement;

For the purpose of disclosures pursuant to a valid order by a court or other governmental body; or as otherwise required by law or applicable regulation.

  1. Buyer vs seller relationship and Kampala Arcade Online

You acknowledge that:

we do not confirm the identity of all Kampala Arcade Online users, check their credit worthiness or bona fides, or otherwise vet them;

we do not check, audit or monitor all information contained in listings; we are not party to any contract for the sale or purchase of products advertised on the Kampala Arcade Online;

we are not party to any contract for the sale or purchase of products advertised on the Kampala Arcade Online;

we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a Kampala Arcade Online for buyers and sellers and process payments on behalf of sellers;

we are not the agents for any buyer or seller,

and accordingly, we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our Kampala Arcade Online; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

We do not warrant or represent: the completeness or accuracy of the information published on our website; that the material on Kampala Arcade Online is up to date; that Kampala Arcade Online will operate without fault; or that Kampala Arcade Online or any service on the Kampala Arcade Online will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing it, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Kampala Arcade Online services, or if we stop publishing Kampala Arcade Online.

We do not guarantee any commercial results concerning the use of Kampala Arcade Online. To the maximum extent permitted by applicable law and subject to section below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our Kampala Arcade Online and the use of Kampala Arcade Online.

  1. Limitations and exclusions of liability

Nothing in these general terms and conditions will:

Limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities or statutory rights that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these general terms and conditions: are subject to section; and govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.

In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the Kampala Arcade Online shall constitute a separate contract for the purpose of this section.

Notwithstanding section above, we will not be liable to you for any loss or damage of any nature, including in respect of:

Any losses occasioned by any interruption or dysfunction to the website;

Any losses arising out of any event or events beyond our reasonable control;

Any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

Any loss or corruption of any data, database or software; or

Any special, indirect or consequential loss or damage.

We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Kampala Arcade Online or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Our Kampala Arcade Online includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Indemnification.

You hereby indemnify us, and undertake to keep us indemnified, against:

Any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly

or indirectly out of your use of our Kampala Arcade Online or any breach by you of any provision of these general terms and conditions or the Kampala Arcade Online codes, policies or guidelines; and

Any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our Kampala Arcade Online, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

  1. Breaches of these general terms and conditions.

If we permit the registration of an account on our Kampala Arcade Online it will remain open indefinitely, subject to these general terms and conditions.

If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Kampala Arcade Online codes, policies or guidelines in any way we may:

Temporarily suspend your access to our Kampala Arcade Online;

Permanently prohibit you from accessing our Kampala Arcade Online;

Block computers using your IP address from accessing our Kampala Arcade Online;

Contact any or all of your internet service providers and request that they block your access to our Kampala Arcade Online;

Suspend or delete your account on our Kampala Arcade Online; and/or 15.2.6. commence legal action against you, whether for breach of contract or otherwise.

Where we suspend, prohibit or block your access to our Kampala Arcade Online or a part of our Kampala Arcade Online you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Entire agreement.

These general terms and conditions and the Kampala Arcade Online codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our Kampala Arcade Online and shall supersede all previous agreements between you and us in relation to your use of our Kampala Arcade Online.

  1. Hierarchy

Should these general terms and conditions, the seller terms and conditions, and the Kampala Arcade Online codes, policies and guidelines be in conflict, these terms and conditions, the seller

terms and conditions and the Kampala Arcade Online codes, policies and guidelines shall prevail in the order here stated.

  1. Variation

We may revise these general terms and conditions, the seller terms and conditions, and the Kampala Arcade Online codes, policies and guidelines from time to time.

The revised general terms and conditions shall apply from the date of publication on the Kampala Arcade Online.

  1. Severability

If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

21.Third party rights

A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

  1. Law and jurisdiction

These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

  1. Our Company details

The Kampala Arcade Online is operated by New Horizons Digital Marketing. We are registered in Uganda and our registered office is at – Kampala, Uganda. You can contact us by using our Kampala Arcade Online contact form.