NEFOI Terms of Use

These Terms of Use (hereinafter referred to as the "Terms") are the terms of use for "NEFOI" (hereinafter referred to as the "Service") operated by Nefoi. (hereinafter referred to as the "Company"). When using this service, it is necessary to agree to the Terms after reading the entire text of the Terms.

Article 1 (Contents of this service)

The content of this service is to provide a place to purchase items posted on the website called "NEFOI" (hereinafter referred to as "this site"). The Company will provide opportunities to enter into agreements (hereinafter referred to as "sales agreements, etc.") regarding the sale of goods and the provision of services between Merchants and users (defined in the following article) on this site. The Company does not become a party to a sales contract, etc. (except when the Company sells on this site) The Company shall not be liable for any damages related to sales contracts, etc. between merchants and users, except in cases of willful misconduct or gross negligence on the part of the Company.
The content of this service shall be as stipulated in the Terms and this site.

Article 2 (Definition)

The following terms used in the Terms shall have the following meanings.

"Merchant" means a person who has entered into a separate agreement with the Company regarding the use of a merchant and uses this service to list items. This includes the Company when the Company sells items on the Site.
"User" means a user other than a Merchant who uses this service.
"Products, etc." means the products or services sold by Merchant using the Service.
"Use of this service" means that the user uses Internet browsing software on the information terminal to use the functions provided by this service.
"Service usage contract" means a contract regarding the use of this service that occurs between us when using this service.
"Evaluation data" refers to content posted or otherwise sent by users using the "customer review" function of this service (including but not limited to text, images, videos and other data).
"Intellectual property rights" means copyrights (including, but not limited to, the rights stipulated in Articles 27 and 28 of the Copyright Law), patent rights, utility model rights, design rights, trademarks rights and other intellectual property rights (including the right to acquire those rights or to apply for registration, etc. for those rights).

Article 3 (Application)

This agreement applies to all actions when using this service.
Members shall use this service at their own will and responsibility and shall bear all responsibilities related to their use.
If the contents of this agreement and the explanation regarding the use of this service posted on this site or other explanations by our company outside this agreement differ from this agreement, our explanation outside these agreements will take precedence.

Article 4 (Functions of this service)

To the extent necessary for the use of this service, the Company will provide users with a system that has the functions specified below in a manner prescribed by the Company.

Function to order products, etc.
Function to post evaluations of merchants and reviews of products, etc.
Function to inquire of merchants

Article 5 (Registration)

Users who wish to use this service must agree to comply with the Terms and provide certain information specified by the Company (hereinafter referred to as "registration information") to the Company in a manner specified by the Company. You can apply for registration to use this service.
The Company will determine whether or not registration is permitted based on the application in the preceding paragraph in accordance with the Company's standards, and if the Company approves the registration, the service usage contract will be established by notifying the user of this service.

Article 6 (Refusal of Registration)

The Company may refuse registration if the User falls under any of the following items, and the Company shall not be obligated to disclose any reasons for such refusal.

If there is a falsehood, error or omission in all or part of the registration information provided to the Company
In the past, if the service contract was canceled due to non-fulfilment of monetary obligations related to this service or other violation of the service contract, etc.
If the Company determines that the person has violated a contract with the Company in the past or is a related party
The Company determines that the applicant is an anti-social force, etc., or has some kind of interaction or involvement with an anti-social force, etc., such as cooperating or being involved in the maintenance, operation, or management of an anti-social force, etc. through funding or other means.
In addition, when the Company determines that it is inappropriate

Article 7 (Change of registered information)

If there is any change in the registered information, the user shall notify the Company without delay according to the method specified by the Company.

Article 8 (Management of passwords and user IDs)

The user shall, at his/her own responsibility, properly manage and store the user ID and password for this service, not allow a third party to use it, or not lend, transfer, change name, sell, etc.
Users shall be responsible for damages caused by inadequate management of user IDs or passwords, errors in use, use by third parties, etc., except in cases of willful misconduct or gross negligence on the part of the Company.

Article 9 (Changes to Terms)

The Company reserves the right to change these Terms at any time if the Company deems it necessary. The conditions for providing the Service after the Terms have been changed shall follow the new Terms of Use after the change.
When making the changes in the preceding paragraph, the Company shall determine in advance the effective date of the new Terms of Use after the change, and then notify the content of the new usage contract after the change, or post it within the Service or on the website operated by the Company. We will notify you by posting on the above or other appropriate methods. However, the notice period may not be specified if the change of this agreement is in the interest of the user.
If the user continues to use this service after the effective date of the preceding paragraph, it will be deemed that the user has agreed to the new Terms.

Article 10 (Notice)

Inquiries regarding this service and other notices from the Company to the User shall be made in accordance with the method specified by the Company.
Even if the user’s failure to change the registered information causes damage to the user due to non-delivery of notifications or other reasons, the company will not be liable for damages, except in cases of willful misconduct or gross negligence on the part of the company.

Article 11 (Usage Fee)

Users will not be charged for using this service.

Article 12 (Customer Review)

Users can post their impressions of purchased products and evaluation data on the response of Merchants.
We do not guarantee the content of the evaluation data or the results of using it, and we do not take any responsibility except in cases of willful misconduct or gross negligence on our part.
Users must not post information that can identify individuals such as addresses and names, information unrelated to transactions, content that harms the rights of Merchants and third parties, or content that disgusts viewers.
Users must keep in mind to post fair content based on facts.
Regardless of the method, users or Merchants must not manipulate evaluation data to unfairly improve or lower the Merchant's ratings and reviews.

Article 13 (Deletion of Customer Reviews)

If the user posts Evaluation data that violates the provisions of the preceding article, or if the Company determines that the User violates this agreement or acts inappropriately in light of the spirit of this agreement, the Company will remove the Evaluation data at its sole discretion without prior notice. However, the provisions of this Article do not mean that the Company is obliged to delete the Evaluation data posted by users.

Article 14 (Inquiries to Merchants)

By using the "function to inquire of merchants”, the user can ask questions to merchants before and after placing an order.

Article 15 (Provision and scope of the Service)

The Company may, at its discretion, outsource all or part of the provision of the Service and related operations to a third party, and the User shall consent to this.
When using this service, the user shall prepare and use all environments such as information terminals and access lines necessary for using this service at his/her own responsibility and expense.
The Company does not guarantee the compatibility of the environment created by the user in accordance with the preceding paragraph with the Service and does not take any responsibility except in the case of willful misconduct or gross negligence on the part of the Company.

Article 16 (Handling of personal information)

The Company will handle personal information acquired through this service in accordance with the "Personal Information Protection Regulations", "NEFOI Privacy policy" and "Handling of Personal Information" separately stipulated by the Company on the server in Tanzania, and the user shall agree in advance that the personal information provided to the Company will be handled by the Company in accordance with the privacy policy.

Article 17 (Ownership of Intellectual property rights of the Service and Evaluation data)

All intellectual property rights relating to our website and this service (including Evaluation data) belong to us or to those who have granted licenses to us. Permission to use the Service under the Terms does not imply a license to use the Intellectual property rights of the Company or its licensors relating to the Company's website or the Service.
The User represents and warrants to the Company that he or she has the legal rights to post or otherwise transmit the Evaluation data, and that the Evaluation data does not infringe the rights of third parties.
Regarding the Evaluation data, the User grants the Company the authority to copy, analyze, process and otherwise use the evaluation data to the extent necessary for the provision of this service.
The Company may also allow other Users to use, reproduce, distribute, create derivative works of, display and execute Evaluation data posted or otherwise transmitted by Users using this service.
The User agrees not to exercise the author's moral rights against the Company or any person who has inherited or has been granted rights from the Company.

Article 18 (Handling of Registered Information)

The User represents and warrants to the Company that he or she has the legal right to transmit Registered information to the Service and that the registered information does not infringe the rights of third parties.
The User grants the Company, free of charge, the right to reproduce, analyze, process, or otherwise use the transmitted data to the extent necessary for the provision of the Service.

Article 19 (Deletion of Inappropriate Information)

If the Company determines that it is necessary to delete any information, data, etc. such as Registered information, Evaluation data, etc. provided by the User to the Service, the Company will delete the relevant data without notifying the User.
The provisions of the preceding paragraph do not stipulate that the Company has an obligation to delete.

Article 20 (Prohibitions)

When using this service, users must not engage in any of the following acts, either by themselves or by a third party.

Acts of using this service for purposes that deviate from the purpose of this service and public order and morals
Acts that infringe on the rights and interests of the Company, affiliated stores, other users, or third parties, or cause damage, or other illegal or unjust acts
Acts of using other users' IDs and passwords
Acts that interfere with the operation of this service or acts that are likely to interfere
Acts that cause changes in the nature or configuration of the software, such as Server software, internet browsing software, and other software related to this service, reverse engineering, decompiling, disassembling, deciphering the source code, etc. Acts that interfere with the operation of the Service
Publicity, advertisement, or solicitation on the Service that the Company does not approve in advance
Acts that interfere with the business of the Company, Merchants, other users or third parties
Acts that damage the honor or credibility of the Company, Merchants, other users or third parties
In addition to the preceding items, acts that the Company recognizes as necessary to be prohibited

Article 21 (Transfer, etc. of Status in the Terms)

The User shall not assign, transfer, pledge as collateral, or otherwise dispose of, to a third party, the status of the Terms or the rights or obligations under these Terms without the prior written consent of the Company.
In the event that the Company transfers the business related to the Service to another company, the Company shall be able to transfer to the transferee the status under the Terms, the rights and obligations under the Terms, the User's registration information and other customer information in connection with the business transfer, the user shall agree in advance to such transfer.

Article 22 (Suspension of Service, Termination of Contract)

1. If the User falls under any of the following items, the Company will suspend the provision of all or part of the Service to the User without prior notice or demand, and cancel the contract of use.
1. In case of violation of any provision of the Terms
2. If it turns out that there is falsehood in the registered items
3. If the Service has not been used for more than one year
4. If payment is suspended or becomes insolvent, or if there is a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings;
5. If it is found that the reason for refusal of registration applies
6. If there is no response for 7 days or more to inquiries from the Company or other communications requesting an answer
7. Other cases where the Company determines that it is inappropriate as a business user based on reasonable grounds
If any of the items in the preceding paragraph apply, the User will naturally lose the benefit of validity for all debts owed to the Company and must immediately pay all debts to the Company.
The Company shall not be liable for any damages or disadvantages incurred by the User due to suspension of provision of the Service or cancellation of the Terms in the case of paragraph 1, except in cases of willful misconduct or gross negligence of the Company.

Article 23 (Withdrawal)

The User can cancel the Terms and withdraw from this service only by the method specified by the Company.
Upon withdrawal from membership, if the user has any debts owed to the Company, the user shall naturally lose the benefit of validity for all debts owed to the Company, and must immediately repay the Company.
Even after the User withdraws from membership, the Company shall be entitled not to hand over to the user the information that the user provided to the Company when using the Service, and the user shall consent to this without objection.

Article 24 (Exemption)

The Company will not be involved in any way with the content or quality of the products, etc., except when the Company sells them.
The Company doesn't guarantee anything whether express or implied, that the Service conforms to the User's specific purpose, that the Service can be used continuously with the expected functions, commercial value, accuracy, and usefulness, , and that any defects occur.
Any communication or disputes arising from the use of this service by the User for transactions shall be resolved at the User's own expense and responsibility.
The Company shall not be liable for any damages or disadvantages incurred by the User due to the change or suspension of the Service based on the Terms, except in cases of willful misconduct or gross negligence of the Company.

Article 25 (Compensation for damages)

The Company shall be liable only for damages suffered by the User due to the Company's willful misconduct or gross negligence, and shall not be liable for any damages caused by the Company's slight negligence.
When the User uses this service, if a third party other than the User suffers damage due to reasons attributable to the Company, the Company’ any responsibility shall be exempted, by only bearing the responsibility prescribed in the preceding paragraphs. And the user shall be responsible for dealing with the third party.

Article 26 (Change or suspension of this service due to maintenance, etc.)

The Company may change or suspend all or part of the Service if any of the following items apply.

When it is necessary to carry out maintenance, construction, countermeasures against failures, etc. for equipment necessary for the provision of this service
When a telecommunications carrier discontinues the provision of telecommunications services
When suspension of the Service is necessary attributable to anybody than a third party (including users) to whom the Company has outsourced work incidental to the operation of the Service
In addition, if the Company determines that it is necessary to suspend the Service for operational or technical reasons.

Article 27 (Suspension of service due to force majeure)

If the provision of this service is hindered by natural disasters, the enactment, revision and abolishment of laws and regulations, or other force majeure, the Company shall not be liable for any damages incurred by the user due to such force majeure, regardless of the terms of the service agreement or any other provisions.

Article 28 (Change and Termination of Contents of the Service)

The Company may change the content of the Service or terminate the provision of the Service due to its own reason.
In the event that the Company terminates the provision of the Service, the User shall, in principle, be notified with a notice period of 14 days.
When notification is made in accordance with the procedures set forth in this Article, the Company shall not be liable for any damages incurred by the User due to the termination of the Service, except in cases of willful misconduct or gross negligence on the part of the Company.

Article 29 (Elimination of Antisocial Forces, etc.)

In concluding the Terms, the User and the Company agree that neither themselves nor their officers (senior advisors, advisors, employees who execute business, and other persons who are deemed to be virtually participating in management, regardless of their name) and employees (person who has the authority or acts on behalf of the business that has a significant impact on the interests of the business) fall under any of the following items (hereinafter referred to as "Anti-Social Forces, etc.") and will not fall under any of them in the future. In addition, we represent and warrant that the User and the Company have not, and will not have, any relationship with anti-social forces.
1. "Organized crime groups, members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, etc., trolls under the guise of social movements, special intelligence organized crime groups, etc." and others equivalent to these as described in “organized Crime Countermeasure Outline”.
2. A person who has a deep human, capital, or economic relationship with the person listed in the previous item, such as providing funds or convenience, or using it for the purpose of illicit profit
The User and the Company promise to the other party that they will not perform the acts listed in the following items either by themselves or by using a third party.
1. Acts that use fraud, violent acts, or threatening language
2. Illegal acts and unreasonable demands
3. Actions that interfere with business
4. Acts that damage reputation, credibility, etc.
5. Acts corresponding to the preceding items
If the Company determines that the User has violated the preceding two paragraphs, the Company may suspend the provision of the Service or cancel the Terms without prior notice to the User. The Company shall not be liable for any damages or disadvantages incurred by the User due to suspension of provision of the Service or cancellation of the Service Agreement.

Article 30 (Buying and selling of products, etc. exhibited on this site by the Company)

If a sales contract is concluded between the Company and the User for the products, etc. that the Company has exhibited on the Site, the provisions of Articles 30 through 35 shall apply in priority to other provisions of these Terms of Use.
The Users who wish to purchase products, etc. shall apply for purchase in accordance with the procedure prescribed by this service. In addition, the Company may set in advance the upper limit of the number of products that can be purchased by the User.
The user can cancel the application for purchase of the product only by the method specified by our company.
If a sales contract for products, etc. is concluded between the User and the Company, the User shall pay the price according to the method specified by the Company. In addition, depending on the payment method, you may be charged a separate fee.

Article 31 (delivery of goods)

Ownership of the product for which the user applied for purchase shall be transferred to the user at the time of actual delivery to the user.
The Company will deliver the purchased product by the method specified by the User, among the methods specified by the Company.
The fulfillment of the delivery obligation of the product from the Company shall be completed when the product is delivered to the address specified by the User at the time of purchase.
The delivery date of the product may change from the initial delivery date due to unavoidable reasons. In addition, the date and time required for specifying the delivery date entered by the User at the time of purchase application is only for determining the approximate date of delivery. Even if the actual delivery date is delayed from the specified delivery date and delivery time, the Company will not be held responsible for any delay, except in cases of willful misconduct or gross negligence on the part of the Company.

Article 32 (Return and Exchange of Goods)

Products cannot be returned or exchanged unless otherwise specified on this site.

Article 33 (Cancellation)

The Company may cancel the sales contract without notice if the user does not pay the price for the product, etc. by the deadline specified by the Company.
The Company shall be able to cancel the sales contract without notice if any of the reasons set forth below apply.
1. If the user violates the Terms and laws
2. If there is a falsehood, error, or omission in the information submitted by the User
3. When the User fails to pay the debt to the Company
4. If the User interferes with the operation and service provision of the Company and affiliated stores, or the use of this site by other users
5. When the user returns or refuses to receive the item without a reasonable grounds
6. In the event that the Company deems it inappropriate.
Even if the Company cancels the contract in accordance with this Article, it shall be possible for the Company to make a separate claim for damages.

Article 34 (Exemption from responsibility for sales contract)

Regarding the sales contract for the products exhibited on this site by the Company, the Company shall be liable only for damages suffered by the user due to intentional or gross negligence on the part of the Company. the Company will not be held responsible for any damages caused by our slight negligence.

Article 35 (Survival Clause)

Article 17(5), Article 18, Article 19, Article 21, Article 23(2) and (3), Article 24, Article 25, Article 36, Article 37, this Article and the nature of the Articles that should be survived as a matter of course by its nature shall remain in force even after the termination of the Terms regardless of the expiration, cancellation, revocation, or any other reason.

Article 36 (Severability)

Even if any provision or part thereof of the Terms is determined to be invalid or unenforceable under the Civil Code or other laws and regulations, the remaining provisions and part of the Terms will continue to be in full force and effect.

Article 37 (Governing Law and Court of Jurisdiction)

The original text of this agreement and the service usage contract shall be Tanzanian, and the governing law shall be Tanzanian law.
The Ilala District Court shall be the exclusive court of first instance for all disputes arising out of or related to these Terms or the Terms.

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NEFOI Terms of Use

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