Terms and Conditions

MAVARA Terms and Conditions

Terms and Conditions (“Terms”)

 

Last updated: 02 September 2019

 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “Ts & Cs”) carefully before using the http://www.mavara.org.zw website (the “Service”) operated by MAVARA Hub. Reference to MAVARA shall also mean reference to MAVARA Hub (Our Registered Name) and vice versa. The terms, “us”, “we”, or “our” as used in this Agreement refer to MAVARA.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

 

  • Limited License

 

 

    1. MAVARA grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases/sales of electronic/physical documents/artwork and related services through our Website, strictly in accordance with our Legal Terms.

 

 

  • Copyrights and Trademarks

 

 

    1. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by MAVARA. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. MAVARA aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of MAVARA may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from MAVARA. MAVARA prohibits use of any logo of MAVARA or any of its affiliates as part of a link to or from any Website unless MAVARA approves such link in advance and in writing. Fair use of MAVARA’s Intellectual Property requires proper acknowledgment. Other product, artworks and company names mentioned in our Website may be the Intellectual Property of their respective owners.

 

 

  • Disclaimer

 

 

    1. You understand that we offer a platform to showcase artistic expression for sale through our Website. You acknowledge that we are not art dealers or art suppliers. You will at all times look to the artist for any guarantees in terms of workmanship and quality in relation to their artistic expression you have purchased.

 

 

  • Purchases

 

 

    1. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your Full Names and Surname, Address, Debt/Credit Card information and any other details forming part of a recognised method of payment. 
    2. MAVARA shall be entitled to 20% of the total purchase price, which will be calculated into the sale price displayed.
    3. As we are not involved in any sale and purchase of any goods and services on this Site, save for providing a venue for the viewing and purchase of artwork, you hereby agree and acknowledge that we:

 

      1. are not, nor do we represent or hold ourselves out as the artist or agent of any such artist or sales representative thereof, of any goods offered for sale and/or sold on this Site;
      2. have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this Site are legally able to be sold.
      3. cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller;
      4.  cannot and do not represent nor hold out that we can confirm that each Buyer and Seller is who they claim to be;
      5. will not become involved in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement, we do however reserve the right at our sole discretion to mediate between two parties should the conduct of either party impact on the reputation and or image of our business.
      6. We do not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the goods on the site
    1. MAVARA shall be in no way responsible for the shipping/delivery of the artwork, purchased on our site, to the buyer. It shall be the responsibility of the artist to bear the cost of shipping the purchased artwork to the buyer from where ever they are located. The price of shipping must be agreed before a purchase is concluded to avoid doubt.

 

 

  • Refunds

 

 

    1. We issue refunds for sales within 7 days of the original purchase of the item.

 

 

  • Content

 

 

    1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the making sure what you post does not constitute:
      1. Child pornography,
      2. Promote drug use,
      3. Promote terrorism,
      4. Promote xenophobia, sexism, racism or any other form of discrimination and hate speech against persons or groups of persons,
      5. Reinforce stereotypes.
      6. Amount to abuse, cyberbullying of a member of the service and/or any other person. 

 

 

  • Links To Other Web Sites

 

 

    1. Our Service may contain links to third-party web sites or services that are not owned or controlled by MAVARA.
    2. MAVARA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MAVARA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
    3. Links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does MAVARA’ inclusion of the links imply that MAVARA is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
    4. You may not operate or utilise a website or email link to web sites that contain or promote any of the following types of content: libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any

 

 

  • Changes

 

 

    1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
    2. We may or may not post notices on the homepage of our Website when such changes occur.

 

 

  • Indemnification

 

 

 

  • You agree to defend, indemnify and hold MAVARA harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

 

 

 

  • Discretion

 

 

 

  • We reserve the right in our sole discretion to alter or remove any information or withdraw any artworks offered for sale, if that information and/or the artwork, as applicable;

 

        1. infringes or is suspected of infringing the Intellectual Property Rights of any person (other than the Seller in question); or
        2. may create any liability for us whatsoever;
        3. relation to the goods and services set out in Clause 4.6, if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those goods and/or services;
        4. we are required by law to do so;
        5. you breach any provision of this Agreement; or
        6. for any other reason whatsoever,

 

    1. and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this Clause are hereby waived.

 

  • Content creators

 

 

You agree to that:

 

    1. You will not mislead others.
    2. You will not engage in spamming, indiscriminate advertising, unsolicited commercial email, cyber-squatting or typo squatting.
    3. Shall not provide illegal artworks, or links to a website(s) that do so.
    4. You will not place any referral links on any pages of the web site.
    5. You will not directly or indirectly offer any incentive to users that result in referral fees without written permission from MAVARA.
    6. You are at least 18 years of age.
    7. You are not submitting somebody else’s work without their express consent.
    8. You are not submitting copyrighted works. 

 

 

  • Contact Us

 

 

    1. If you have any questions about these Terms, please contact us.
    2. If you are a parent/guardian and believe that a minor in your control has created a profile and submitted or purchased artwork without your consent, so we can delete such profile. 
0