LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Fahari 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 Amazon Services. This license does not include any resale or commercial use of any Fahari Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Fahari 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 Fahari or its licensors, suppliers, publishers, rightsholders, or other content providers. No Fahari Service, nor any part of any Fahari Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fahari. 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 Fahari without express written consent.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Content

The content/material found on or through this Service is the property of FAHARI or used with permission. You may not distribute, redistribute, modify, transmit, use, reuse, download, reproduce, repost, copy, or use said Content/material, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real time activities through Service.
• Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify the Company rating.
• Otherwise attempt to interfere with the proper working of Service.

Analytics

Analytics collected on this site is collected by Google Analytics. Google Analytics tracks where you came from by your IP address location. Google Analytics privacy policy: https://www.google.com/analytics/terms/us.html

No Use by Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

MEMBER ACCOUNT

You may need your own FAHARI account to use certain FAHARI 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 Your Payments 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. FAHARI 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 FAHARI Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their FAHARI Household. Alcohol listings on Fahari are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Fahari reserves the right to refuse service, terminate accounts, terminate your rights to use Fahari Services, remove or edit content, or cancel orders in its sole discretion.

Member's Responsibilities

1. Each Member represents, warrants, and agrees that:
   1. You have full power and authority to accept the Terms, to grant the license and authorization, and to perform the obligations hereunder.
   2. Your access and use of the Sites and Services will be for business purposes only.
   3. For Members who are business entities, the address you provide when registering is the principal place of business of your business entity. For this provision, a branch or liaison office will not be considered a separate entity, and your principal place of business will be deemed to be that of your head office.
2. Member will be required to provide information or material about your entity, business, or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants, and agrees that:
   1. Such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service, is true, accurate, current, and complete.
   2. You will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Limits on Transactions

"Transaction Risks." Fahari is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

FAHARI Offers are for individual use, and we do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

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 Amazon and other retailers. Certain products may have a "Was Price" displayed, which is determined using the recent price history of the product on FAHARI.

With respect to items sold by FAHARI, 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 FAHARI 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.

RISK OF LOSS

All purchases of physical items from FAHARI 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.

Shipping and Risk of Loss: A third-party carrier may ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

FAHARI 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, FAHARI does not take title to the refunded item.

Limits on Transactions

FAHARI Offers are for individual use, and we do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

RETURNS, REFUNDS, AND TITLE

FAHARI 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, FAHARI does not take title to the refunded item.

System Failures

The User may only use the website or the application for shipments containing tangible merchandise allowed by the Applicable Legislation, as well as those stipulated in the Terms and Conditions of the parcel and courier agencies. Thus, the User will be solely responsible for the information provided at the time of shipping, as well as its content.

The Parcel Agencies may refuse to receive the shipment in cases that do not have the characteristics stipulated in their Terms and Conditions or that, in their opinion, require specialized handling, on the understanding that there will be no refund. In this way, the User is obliged to remove FAHARI, as well as its subsidiaries, employees, and contractors, as well as the aforementioned Agencies, from any judicial or administrative procedure that they may institute against them by any competent authority or third party, derived from any breach of these Terms and Conditions. The User also commits to indemnify the parties mentioned in advance for any damages that may be caused as a result of the aforementioned procedures, including expenses.

The Parcel Agencies may, but are not obligated to, carry out inspections of the shipments at any time, as well as allow the authorities that require it to do so.

Intellectual Property

Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of FAHARI and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of FAHARI.

App Permissions

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

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via submitting this Contact Us by E-mail, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

Error Reporting and Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback") either directly by submitting this Contact Us by E-mail or via third-party sites and tools.

You acknowledge and agree that:

1. You shall not retain, acquire, or assert any intellectual property right or other rights, title, or interest in or to the Feedback.
2. Company may have developed ideas similar to the Feedback.
3. Feedback does not contain confidential information or proprietary information from you or any third party.
4. Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by FAHARI. FAHARI has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound by and follow these linking terms and conditions.

Removal of Links from Our Website

If you find any link on our website that is offensive for any reason, you are free to contact us by e-mail and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

Disclaimer of Warranties and Limitation of Liability

The Fahari Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Fahari Services are provided by Fahari on an "as is" and "as available" basis, unless otherwise specified in writing. Fahari makes no representations or warranties of any kind, express or implied, as to the operation of the Fahari Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Fahari Services, unless otherwise specified in writing. You expressly agree that your use of the Fahari Services is at your sole risk.

To the full extent permissible by law, Fahari disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Fahari does not warrant that the Fahari Services, information, content, materials, products (including software), or other services included on or otherwise made available to you through the Fahari Services, Fahari servers, or electronic communications sent from Fahari are free of viruses or other harmful components. To the full extent permissible by law, Fahari will not be liable for any damages of any kind arising from the use of any Fahari Service, or from any information, content, materials, products (including software), or other services included on or otherwise made available to you through any Fahari Service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

To the maximum extent permitted by law, the services provided by Fahari on or through the Sites are provided "as is," "as available," and "with all faults," and Fahari hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

To the maximum extent permitted by law, Fahari makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness, or currentness of any information provided on or through the Sites. Fahari does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the Sites does not violate any third-party rights. Fahari makes no representations or warranties of any kind concerning any product or service offered or displayed on the Sites.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Applicable Law

By using any FAHARI Service, you agree that applicable Tanzanian law, 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 FAHARI.

These Terms and Conditions shall be governed by and interpreted in accordance with Tanzanian law, and you irrevocably agree that the courts of the United Republic of Tanzania shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendments to Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments, requests for technical support by submitting this Contact Us by Email.

Our business address is: FAHARI located at Ilala, Kariakoo, Mkunguni & Sikukuu Street, P.O Box 34795, Dar Es Salaam, Tanzania.

If you contact us, we may ask you to verify your identity before we can act on your request.

Please note that we may reject requests that are vexatious or frivolous, unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or which would be disproportionately impractical to address.

Copyright © 2023 FAHARI. All rights reserved.