Terms and Conditions
- 1. Introduction
- 2. Modification
- 3. Key Definitions
- 4. Account Registration
- 5. Ownership
- 6. Feedback
- 7. Reliance on Information Posted
- 8. Links to Third Party Websites
- 9. Prohibited Uses
- 10. Information We Collect About You
- 11. Termination and Account Cancellation
- 12. Disclaimers
- 13. Limitation of Liability
- 14. Controlling Law and Jurisdiction
- 15. Notices
- 16. Entire Agreement
- 17. Severability
- 18. Miscellaneous
- 19. Contact Us
Welcome to Kwely! Kwely is a curated online B2B wholesale marketplace for Africa allowing buyers around the world to have access to quality and unique products made in Africa that meet international standards and provide for customization and white-label solutions based on their needs accessible through this website (collectively, the “Site” or “Services”). Throughout these Terms of Service (“Terms”), the terms “Kwely”, “our”, “us”, and/or “we” refer to the Kweli SAS based in Dakar, Sénégal. The terms “you” and/or “your” refer to any visitor of the Site and any user of the Services, including any Member (as defined below).
YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THE TERMS OF SERVICE WHEN REGISTERING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR WEBSITE CONTENT.
We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon. We also reserve the right to modify these Terms from time to time. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including Members. You agree that it is your responsibility to monitor changes to our Services. It is considered your responsibility to periodically check these Terms. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
- “Content” means text, graphics, images, music, software, audio, video, information or other materials.
- “Member” means a business or individuals that completes Kwely’s account registration process, as described under the “Account Registration” section below.
To access certain features of the Services you must register to create an account (“Account”) and become a Member. An Account allows you to view Product details, configure products, request quotes, receive support from our Team and more.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorized them or not. You will immediately notify us of any unauthorized use of your Account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You acknowledge and agree that the Services and Content of this website, excluding your specific Member Content, including all associated intellectual property rights, are the exclusive property of Kwely.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents.
8. Links to Third Party Websites
The Services may contain links to third-party websites or resources. You acknowledge and agree that Kwely is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the Content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kwely of such websites or resources or the Content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
9. Prohibited Uses
You agree not to do any of the following:
- Share, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
- Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Kwely’s name, any Kwely trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kwely’s express written consent or as enabled by features made available by Kwely (e.g., widgets) (you may link to Kwely’s homepage, so long as you do not imply or suggest any form of association, approvalor endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
- Access, tamper with or use non-public areas of the Site or Application, Kwely’s computer systems or the technical delivery systems of Kwely’s providers;
- Attempt to probe, scan, or test the vulnerability of any Kwely system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Kwely or any of Kwely’s providers or any other third party (including another user) to protect the Services or website Content;
- Attempt to access or search the Services or Website content or download Website content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Kwely or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services;
- Use any meta tags or other hidden text or metadata utilizing a Kwely trademark, logo URL or product name without Kwely’s express written consent;
- Use the Services or Website content in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Website content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or Website content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
16. Encourage or enable any other third party to do any of the foregoing.
Kwely will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kwely may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Kwely has no obligation to monitor your access to or use of the Services or Website content, or to review or edit any Website content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Kwely reserves the right, at any time and without prior notice, to remove or disable access to any Member Content or Website content that Kwely, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. Kwely reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Kwely suspects illegal activity may be taking place.
10. Information We Collect About You
11. Termination and Account Cancellation
If you breach any of these Terms, Kwely will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. Kwely reserves the right to revoke your access to and use of the Services and Website content at any time, with or without cause. In the event Kwely terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@Kwely.com.
THE SERVICES AND WEBSITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KWELY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KWELY MAKES NO WARRANTY THAT THE SERVICES OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. KWELY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR WEBSITE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KWELY OR THROUGH THE SERVICES OR WEBSITE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND WEBSITE CONTENT REMAINS WITH YOU. NEITHER KWELY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, OR WEBSITE CONTENT WILL BE LIABLE FOR ANY INCIDENTALOR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR WEBSITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS WITH THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KWELY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Senegal.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, may be in writing and given: (a) by Kwely via email (in each case to the primary account email address that you provide); (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
16. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Kwely and you regarding the Services and Website content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kwely and you regarding the Services and Website content.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid or unenforceable provision.
The failure by Kwely to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kwely. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
19. Contact Us
If you have any questions or complaints about these Terms or the Services, please contact Kwely at: