Effective Date: September 18th, 2024
Welcome to the Tikaug.com website. These Terms of Use, Terms of Sale, the Privacy Policy, and any other terms that may apply to specific services (“Additional Service Terms”), together with all other notices, disclaimers, and guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”), constitute the entire Terms and Conditions upon which you are allowed to access and use our services.
These terms and conditions will be effective upon your acceptance to use our services, including the website (directly or indirectly in electronic form or by means of an electronic record), and will govern the relationship between you and Tikaug.com.
Please read these terms and conditions carefully before using our services or accessing any material or information through the website. If you do not agree with these terms and conditions, you shall not use this website.
If you are accessing the Tikaug.com mobile application or accessing the Services through the Tikaug.com mobile application, then while these Terms and Conditions will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Android’s Play Store, or Microsoft’s Store from time to time) that will govern the use of the mobile application. These additional terms, to the extent applicable, are hereby deemed to be incorporated into these Terms and Conditions by reference.
These Terms and Conditions are subject to revision by Tikaug.com at any time, and users are requested to carefully read these Terms and Conditions from time to time before using the Website. Tikaug.com may require you to provide direct or indirect consent to any updates in a specified manner before further use of the Website and the Services in the event of any changes. If no such separate consent is sought, your continued use of the Website and/or Services following such changes will constitute your acceptance of those changes.
Terms of Use
Introduction
The Website is an electronic warehouse in the form of an online store and an electronic marketplace that:
- Provides sale of products from the Tikaug.com warehouse.
- Provides a platform for Users (who are sellers) to advertise, exhibit, make available, and offer to sell various Products to other Users (who are buyers/customers).
- Provides a platform for such other Users to accept the offer to sell the Products made by the sellers on the Website and to make payments to the sellers for the purchase of the Products.
- Provides services to facilitate the engagement of buyers and sellers to transact commerce on the Website.
- Provides such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes, which may include issuing coupons and vouchers that can be redeemed for various Products.
Eligibility to use
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Tikaug.com system by Tikaug.com for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws applicable in your country. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case, these Terms of Use shall be deemed to be a contract between Tikaug.com and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
Tikaug.com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
Registration and account
You may access and use the Website and Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
If you register as a User by creating an Account to avail of the Services provided by the Website, you will be responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your Account. You agree to:
(a) Immediately notify Tikaug.com of any unauthorized use of your Account Information or any other breach of security. (b) Ensure that you exit from your Account at the end of each session.
Tikaug.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Tikaug.com will not be held liable for any loss due to authorized or unauthorized use of your Account as a result of your failure to keep your Account Information secure and confidential.
You must ensure that the Account Information you provide in the Website’s registration form is complete, accurate, and up-to-date. Using another user’s Account Information to avail of the Services is expressly prohibited. If you provide any information that is untrue, inaccurate, not current, or incomplete (or if such information becomes untrue, inaccurate, not current, or incomplete), or if Tikaug.com has reasonable grounds to suspect such information, Tikaug.com has the right to suspend or terminate your Account and refuse any and all current or future use of the Website/Services (or any portion thereof).
Depending on whether you are a seller, a buyer, or another user who wishes to use the Website, and the nature of the Services you wish to avail from the Website, you may be required to provide certain personal information. Tikaug.com may collect certain personal information. Your provision of, and Tikaug.com’s collection, storage, use, disclosure, and other handling of such personal information will be governed by Tikaug.com’s privacy policy.
Payments related Information
You agree to provide correct and accurate financial information, such as credit/debit card details, to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use a credit/debit card or pre-paid payment instrument that is not lawfully owned by you. In any transaction, you must use your own credit/debit card or pre-paid instrument account.
The information you provide will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order, or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. Tikaug.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card or pre-paid instrument account.
Tikaug.com may have existing arrangements with its banks regarding limits on the amounts you can pay (if you are a buyer) or receive (if you are a seller) in the course of a single transaction. Tikaug.com will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, Tikaug.com shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you or the cardholder having exceeded the preset limit mutually agreed by Tikaug.com with its bank from time to time.
For making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution, and/or card issuing association may also be applicable to you. Your bank, financial institution, or card issuing association may decline or prevent you from making electronic payments for buying the Products on the Website, and Tikaug.com does not control this and shall not be liable for the same.
Payments
Tikaug.com may, from time to time, contract with third-party payment service providers, including banks, to open special purpose accounts under applicable laws to facilitate payments between users, i.e., buyers and sellers, and for the collection of fees and other charges. These third-party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers, or through any facility as may be authorized by the relevant authorities for the collection, refund, and remittance of payments or supporting the same in any manner.
Tikaug.com shall initiate the remittance of payments made for purchase orders on the Website after the Products are delivered. The date of completion of the transaction shall be after the Products are delivered and such other additional time as may be agreed upon between Tikaug.com and sellers.
User obligations
Subject to compliance with the Agreement(s), Tikaug.com grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
You agree to use the Services, Website, and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the Product catalogues) that you access on the Website.
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Tikaug.com. You shall not use any deep-link, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Website.
The Website may allow users to post certain content, data, or information of your own, such as rating Products, posting comments and reviews about Products, and submitting suggestions, comments, questions, or other information to Tikaug.com using the Website/Services (collectively referred to as “User Content”). Product expressions on the Site are those of the vendor and not made by us. Submissions or opinions expressed on the Site are those of the individual posting such content and may not reflect our opinions.
You hereby grant Tikaug.com a perpetual, non-revocable, worldwide, royalty-free, and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content, and create derivative works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as of the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms of Use; and (iii) such User Content is lawful.
Tax policies / responsibility for taxes
As a seller, you are responsible for identifying your tax obligations in addition to the calculation, remittance, and reporting of all taxes within your obligation. Tikaug.com does not report or remit taxes to any government on behalf of any seller. Sellers remain responsible for any ongoing remittance and/or reporting requirements they may have in connection with the Tikaug.com Marketplace. You agree that Tikaug.com is not obligated to determine your tax obligation, whether taxes apply, and Tikaug.com will not be responsible to calculate, collect, report, or remit any seller-obligated taxes arising from any transaction.
Returns & refunds
Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be at our discretion, subject to compliance with applicable laws of the territory.
Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, at our discretion:
- In respect of the product price;
- Local and/or international shipping fees (as stated on the refunds page); and
- By way of store credits, vouchers, mobile money transfer, bank transfers, or such other methods as we may determine from time to time.
Returned products shall be accepted, and refunds issued by Tikaug.com, acting for and on behalf of the seller.
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.
Intellectual property rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, and computer code (collectively, the “Content”) on the Website are owned and controlled by Tikaug.com or its licensors, and the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content are protected by copyright, patent, and trademark laws, and various other intellectual property rights. Through your use of the Website, no rights are impliedly or expressly granted to you in respect of such Content. Tikaug.com reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos, and service marks displayed on the Website (“Marks”) are the property of their registered owners. You are not permitted to use the Marks without the prior consent of the owner. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Tikaug.com owns all intellectual property rights to and into the trademark “Tikaug.com” and the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from Tikaug.com or a third-party owner of such Content.
Third-party content
General third-party information such as product catalogues, product descriptions, specifications, dealer lists, news, entertainment, technology features, advertisements, including videos, images, and photographs of the products, links to third-party websites, and other data from external sources are made available on the Website (“Third-Party Content”). The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting, and offering to sell the Products on the Website. All Third-Party Content is provided on an ‘As Is’ basis. Tikaug.com may not own or have the rights and title to any such Third-Party Content or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement, or fitness for a particular purpose of any Third-Party Content. Tikaug.com shall not be held liable for any loss suffered by you based on your reliance on or use of such Third-Party Content.
In the event any Third-Party Content contains links to third-party websites, and you visit any such external link, you agree to do so at your own risk, responsibility, and liability. Tikaug.com makes no warranty or representation regarding, and does not endorse, any website linked to the Website/Services or the information appearing thereon or any of the products or services described thereon.
Disclaimer of warranties & liability
The Website, Services, Content, User Content, and any Third-Party Content are provided by Tikaug.com on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Tikaug.com makes no warranty that (i) the Website or the Services will meet your requirements or your use of the Website or the Services will be uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use of the Website or Services will be effective, accurate, or reliable; (iii) the quality of the Website or Services will meet your expectations. No advice or information, whether oral or written, obtained by you from Tikaug.com or through the Website/Content or from use of the Services shall create any warranty not expressly stated in these terms of use.
You expressly understand and agree that, to the maximum extent permitted by applicable law, Tikaug.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Website or any Services, either with or without your knowledge. Tikaug.com has endeavored to ensure that all the information on the Website is correct, but Tikaug.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or service. Further, Tikaug.com shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Tikaug.com’s control. Tikaug.com is not responsible for any typographical error leading to an invalid coupon. Tikaug.com accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Indemnification and limitation of liability
You agree to indemnify, defend and hold harmless Tikaug.com, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii) any claim that any Third-Party Content / content, information, or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to the contrary in the Agreement(s), in no event shall Tikaug.com, its subsidiaries, or affiliates and their respective officers, directors, employees, partners, or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable or whether or not Tikaug.com has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, Services, or Content.
Terms of the agreement
The Agreement will continue to apply until terminated by either you or Tikaug.com as set forth below. If you want to terminate your agreement with Tikaug.com, you may do so by (i) not accessing the Website; or (ii) closing your Account for all of the Services that you use, where Tikaug.com has made this option available to you.
You agree that Tikaug.com may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Tikaug.com determines that you have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to Tikaug.com, for which monetary damages may be inadequate, and you consent to Tikaug.com obtaining any injunctive or equitable relief that Tikaug.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tikaug.com may have at law or in equity.
In addition, Tikaug.com may, at any time, with or without notice, terminate these Terms of Use (or a portion thereof, such as any individual Additional Terms) with you if (a) Tikaug.com is required to do so by law (for example, where
Terms of Sale
By completing and submitting an electronic order form, you agree to our Terms and Conditions. Please read these Terms and Conditions carefully before placing an order or using any of our services. By placing an order, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. You confirm that you are at least 18 years of age or are accessing the site under the supervision of a parent or legal guardian. You agree that making an order does not constitute an offer to sell but merely an invitation to treat. An offer is made when you select the item you intend to purchase, choose your preferred payment method, and proceed to complete the checkout process. Your offer will be considered accepted when we dispatch the product to you and inform you of the dispatch either by email or phone. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address. Please note that there are cases when an order cannot be processed for various reasons. Tikaug.com reserves the right to refuse or cancel any order for any reason at any given time.
Phone & Email Notifications
Tikaug.com may contact you by phone or email using the information you provided to acknowledge your order. We may also contact you to update you about your Order Shipment Status from time to time. If you subscribe to our promotions, we may send you further notifications regarding promotional offers from Tikaug.com.
Pricing and Payment
Prices throughout the website are quoted in Uganda Shillings. Packing and delivery costs, if any, will be added to the total price of your purchase. While we make every effort to ensure the most accurate pricing information on our website, we cannot guarantee that this will always be the case, such as errors caused when the price is not displayed correctly on the website. In the event that an item is mispriced, we may at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. In the event that we are unable to provide the services, you will be notified as soon as possible. A full refund will be given where you have already paid for the products.
Discounts and Vouchers
Tikaug.com accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our site entitle you, at the time of ordering a product, to a saving on the order being placed. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our transaction accounts for products intended to be purchased on the site. Our voucher codes may not be exchanged for cash unless otherwise protected by our refund policy. Where an offer mentions that an item is reduced in price, for example: half-price, the discount will be calculated at checkout before any postage or packaging charges are applied. We reserve the right to cancel an order at any time.
Delivery Information
The site is only for the delivery of products to customers within Uganda. While we make every effort to ensure delivery within the estimated timescales, delays are occasionally inevitable due to unforeseen events. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales. We will communicate with you by email or phone as soon as your order has been shipped and will advise on the shipping progress at every status.
Return Policy
Some products sold by Tikaug.com qualify for return or free exchange under our return policy. Please check and review your order at the time of receiving it, as products will not qualify for a return once they have been used. To learn about our return policy, click here.