GENERAL TERMS AND CONDITIONS  

Current version 4/11/2018

This contract describes the general terms and conditions (the “General Terms and Conditions”) applicable to the use of the services offered by Botswana Weekly, (“the Services”) within the sites www.botsweekly.co.bw (“Botswana Weekly” or the “site”). Any person (hereinafter “User” or plural “Users”) who wishes to access and / or use the site or the Services may do so subject to the respective General Terms and Conditions, together with all other policies and principles governing Free Market. and which are incorporated herein by reference.

ANY PERSON THAT DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE AN OBLIGATORY AND BINDING NATURE, SHALL REFRAIN FROM USING THE SITE AND / OR THE SERVICES.

The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies as well as in the other documents incorporated to them by reference, prior to their registration as a Free Market User, opting for express to receive the same and all other information by digital means.

01 – Capacity

The Services are only available to people who have the legal capacity to contract. Persons who do not have this capacity, minors or Free Market Users who have been temporarily suspended or permanently disabled may not use the services. If you are registering a User as a Company, you must have the capacity to contract on behalf of such entity and to bind it under the terms of this Agreement.

02 – Registration

It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by Botswana Weekly. The future User must complete it with his personal information in an exact, precise and true way (“Personal Data”) and assumes the commitment to update the Personal Data as necessary. The User expressly agrees that Botswana Weekly uses various means to identify their personal data, assuming the User the obligation to review them and keep them updated. Botswana Weekly is NOT responsible for the accuracy of the Personal Data of Users. The Users guarantee and respond, in any case, of the veracity, accuracy, validity and authenticity of their Personal Data.

In its sole discretion, Botswana Weekly may require additional registration to Users who operate as concessionaires or real estate, as a requirement for said Users to access special packages of publications. In these cases, once the additional registration has been made, the offers of sale of automobiles or real estate carried out by the concessionaires or real estate companies, respectively, will only be published in Botswana Weekly through any of said packages or under the modalities that Botswana Weekly allows for This type of Users. Botswana Weekly reserves the right to request any additional voucher and / or data in order to corroborate the Personal Data, as well as temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification,

The User will access his personal account (“Account”) by entering his nickname and personal security key chosen (“Security Code”). The User undertakes to maintain the confidentiality of his Security Code.

The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or own more than one Account. In the event that Botswana Weekly detects different Accounts that contain matching or related data, you may cancel, suspend or disable them.

The User will be responsible for all operations carried out on his Account, since access to it is restricted to the entry and use of his Security Code, of exclusive knowledge of the User. The User agrees to notify Botswana Weekly immediately and by suitable and reliable means, any unauthorized use of your Account, as well as the entry by unauthorized third parties to it. It is clarified that the sale, assignment or transfer of the Account (including reputation) is prohibited under any title.

Botswana Weekly reserves the right to reject any application for registration or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or compensation.

03 – Modifications to the Agreement

Botswana Weekly may modify the General Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will take effect 10 (ten) days after its publication. Said modifications will be communicated by Botswana Weekly to the users who in the Configuration of their Free Market Account have indicated that they wish to receive notifications of the changes in these Terms and Conditions. Any user who does not agree with the modifications made by Botswana Weekly may request the withdrawal of the account.

The use of the site and / or its services implies acceptance of these General Terms and Conditions of use of Free Market.

04 – List of Goods

4.1 Use of Market Payment

By publishing an ad on the Site, the selling user expressly consents to the use of one of the available forms for the payment of the good or service offered and undertakes not to modify in any way the sale price of the good or service if the buyer decided to use the available form of payment. Likewise, the user declares that he has read, understood and accepted the Terms and Conditions of use of said service.

4.2 Publication of goods and / or services

The User must offer for sale the goods and promote the services in the appropriate categories and subcategories. The publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the good or the promotion of the service, provided that they do not violate any provision of this agreement or other Free Market policies. The good or service offered by the selling User must be exactly described in terms of its relevant conditions and characteristics. It is understood and presumed that by including the good or service in Botswana Weekly, the User accepts that he has the intention and the right to sell the good or offer the aforementioned service, or is authorized to do so by its owner. Likewise, The User accepts that the published good is available for immediate delivery or the service for its delivery within the agreed period. It is established that the prices of the goods or services published must be expressed with VAT included when applicable, and in legal tender. Botswana Weekly may remove any publication whose price is not expressed in this way to avoid confusion or misunderstandings regarding the final price of the good or service. It is expressly established that no description may contain personal or contact information, such as, and not limited to, telephone numbers, e-mail address, postal address, Internet website addresses that contain data such as those mentioned above. In the categories Cars, Motorcycles and Others, Real Estate and Services, Personal or contact information should be added in the section specifically provided to include information about the seller or advertiser. Other means of payment may not be advertised, other than those stated by Botswana Weekly on the article publication page. In the event that any of the provisions set forth in this clause is violated, Botswana Weekly may edit the space, request the User to edit it, or cancel the publication where the infringement is found without prior notice.

4.3 Inclusion of images and photographs

The user can include images and photographs of the good or service offered provided that they correspond to it, except in the case of goods or products or services that by their nature do not allow this correspondence. The user declares and guarantees that he is authorized to include the images and photographs contained in his publications, being responsible for any infringement of the rights of third parties.

Botswana Weekly may prevent the publication of the photograph, and even of the good or service, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions. The images and photographs of goods or services published under the Premium modality must meet some additional requirements as a condition to be displayed on the Home Page of the Website.

The user grants Botswana Weekly a free and unlimited authorization to publish and / or adapt the images included in its publications for the purpose of product classification in all its sites, social networks and / or by any means that Botswana Weekly uses for communication.

4.4 Prohibited Items

Only those whose sale is not tacit or expressly prohibited in the General Terms and Conditions and other Free Market policies or by current law may be entered in the lists of goods and services offered. The following types of items are prohibited: i. Alcohol ii. Tobacco products, smokeable products, e-cigarettes and e-liquid iii. Drugs and drug paraphernalia iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition. v. Live animals and insects vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals. viii. Human beings, human remains, body parts and items made from human remains, except for hair ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous x. Items or listings that promote, support or seek to engage users in illegal activity xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks xiii. Counterfeit items xiv. Unauthorized resale of tickets xv. Stolen or Illegal goods xvi. Illegal services not limited to prostitution xvii. Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures xviii. Used undergarments and intimate items xix. Recalled items or items that present unreasonable risk of harm xx. Mislabeled goods And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities. If you see a listing that violates our policies, please contact us.

4.5 Protection of Intellectual Property

To use the Services offered by Botswana Weekly, Users ensure that published articles do not infringe the intellectual and industrial property rights and any others of third parties or holders of rights may identify and request the removal of those items that they deem to infringe or violate If Botswana Weekly suspects that an illegal or infringing activity of intellectual or industrial property rights is being committed or committed, Botswana Weekly reserves the right to adopt all the measures it deems appropriate.

05 – Information Privacy

To use the Services offered by Botswana Weekly, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and physical and technological protection. For more information about the privacy of the Personal Data and cases in which the personal information will be revealed, you can consult our Privacy Policies.

06 – Obligations of Users

6.1 Obligations of the buyer

During the period set by the selling User, interested Users will make purchase offers for goods and services that allow contracting on the Site and may contact the bidders of the categories Automobiles or Real estate and Services. The offer of sale closes once the term expires or the quantities stipulated by the Seller are finished and the promotion of the service culminates with the expiration of the term of the publication.

The Buyer is obliged to try to contact the seller and complete the transaction if he has made an offer for an article published under the modality of “immediate purchase” or if he made the highest offer, in cases where this modality is allowed, unless the operation is prohibited by law or the General Terms and Conditions and other policies of Free Market, in which case it will not be obliged to specify the operation.

When offering for a good or contracting a service, the User agrees to be bound by the sales conditions included in the publication, insofar as they do not infringe the laws or the General Terms and Conditions and other Free Market policies. The offer of purchase of a good or contracting a service is irrevocable except in exceptional circumstances, such as that the seller substantially changes the description of the good or service after making an offer, that there is a clear typographical error, or cannot verify the identity of the seller.

The purchase offers will only be considered valid, once they have been processed by Botswana Weekly’s computer system.

Taxes . As established by current tax regulations, the buyer must demand an invoice or ticket from the seller as proof of the operation. The seller is not obliged to issue an invoice or ticket only in the case of an individual who makes occasional sales.

6.2. Obligations of the seller

The selling user must have the legal capacity to sell the good or service that is the object of his offer. If the selling user has received at least one offer on the minimum price that he established, he is obliged to try to contact the buyer and complete the transaction with the user who made the highest bid or who reaches the price established in the Buy Mode Immediate Only in exceptional cases the seller may retract the sale, such as when he has not been able to agree with the buyer on the form of payment, delivery or cannot verify the true identity or other information of the buyer.

Botswana Weekly will have the right to require, according to the criteria it deems pertinent, that certain sellers only advertise their goods or services on the Website through the use of Botswana Weekly’s Online Payment Management Services and / or other tools offered by Free Market for the collection of the good sold and the fees for the use of the services, possibly importing in the payment of applicable rates for the use of the same.

Given that Botswana Weekly is a meeting point between buyer and seller and does not participate in the operations that are carried out between them, the seller will be responsible for all the obligations and tax charges that correspond to the sale of their goods and / or services, without that could be imputed to Botswana Weekly some type of responsibility for breaches in this regard.

Taxes . As mentioned above, Botswana Weekly only makes available to users a virtual space that allows them to communicate through the Internet to find a way to sell or buy items and / or services. Botswana Weekly does not have any participation in the process of negotiation and improvement of the definitive contract between the parties. Therefore, Botswana Weekly is not responsible for the effective compliance with tax or tax obligations established by current law.

The seller accepts that his buyer can revoke the purchase within 10 days of receiving the product. Likewise, the seller accepts that buyers may initiate claims for having received a defective or different product within 10 days of receiving it. In any of the aforementioned cases, whether the buyer expresses his intention to revoke the purchase or if he initiates a claim for a different or defective product within the indicated period, the seller must accept the exchange or return of the product sold and may take over the expenses that this entails, including shipping costs that may be necessary. Botswana Weekly may debit these costs from the account of the seller.

Botswana Weekly may enable certain Buyers to make refunds under a simplified process (“express returns”), whether they decide to revoke their purchase or if they receive a different or defective product and without the need to initiate a claim, and the corresponding Sellers must accept the change or return thereof and take charge of the expenses that this entails, including shipping costs that may be necessary.
Botswana Weekly shall have the right to require Sellers Users to receive returns for a period longer than the aforementioned, whether the buyer decides to revoke his purchase or if he initiates a claim for a different or defective product.
In any of the aforementioned cases, the seller is obliged to accept the change or return of the product and will be able to take care of the expenses that this entails, including the shipping costs that may be necessary.

07 – Prohibitions

Users will not be able to: (a) manipulate the prices of the items; (b) maintain any type of communication by e-mail, or by any other means (including social networks) during the offer of the good with any of the Users participating in it, except in the Questions and Answers section and in the categories Cars, Motorcycles and Others, Services and Properties and Properties that allow it; (c) disclose your personal or other user’s information through the Questions and Answers section and / or by any other means (including but not limited to Twitter, Facebook and / or any other social network), except in the categories Cars, Motorcycles and Others, Services and Properties and Properties that allow it; (d) accept personal data provided by other users through the Questions and Answers section and / or some other means (including but not limited to Twitter, Facebook and / or any other social network); (e) publish or sell articles prohibited by the General Terms and Conditions, other Free Market policies or current laws; (f) insult or assault other Users; (g) use their reputation, ratings or comments received on the Botswana Weekly site in any field outside the Free Market; (h) publish identical articles in more than one publication; (i) publish identical products in more than one publication.

This type of activities will be investigated by Botswana Weekly and the offender may be sanctioned with the suspension or cancellation of the offer and even its registration as a Free Market user and / or in any other way that it deems pertinent, without prejudice to legal actions that may result from the configuration of crimes or contraventions or the civil damages that may cause to the bidding users.

08 – Violations of the System or Databases

No action or use of device, software, or other means is allowed to interfere in the activities and operations of Botswana Weekly as well as in the offers, descriptions, accounts or databases of Botswana Weekly. Any interference, attempt or activity that violates or contravenes the laws on intellectual property rights and / or the prohibitions stipulated in this contract will render the responsible party liable for the pertinent legal actions, and the sanctions provided for in this agreement, as well as responsible to compensate the damages caused.

09 – Sanctions. Suspension of operations

Without prejudice to other measures, Botswana Weekly may warn, temporarily or permanently suspend a User’s Account or a publication, apply a penalty that negatively impacts the reputation of a User, initiate the actions it deems pertinent and / or suspend the provision of its Services if (a) any law is violated, or any of the stipulations of the General Terms and Conditions and other Free Market policies; (b) if you breach your commitments as a User; (c) if it is incurred at the discretion of the Free Market in conduct or fraudulent or fraudulent acts; (d) the User’s identity or any information provided by the User could not be verified erroneously; (e) Botswana Weekly understood that publications or other actions may be a cause of responsibility for the User who published them, for Free Market or for other Users in general. In the case of the suspension of a User, whether temporary or definitive, all articles that have been published will be removed from the system. Offers to purchase goods offered at auction will also be removed from the system.

10 – Responsibility

Botswana Weekly only makes available to users a virtual space that allows them to communicate through the Internet to find a way to sell or buy services or goods. Botswana Weekly is not the owner of the offered items, does not own them or offer them for sale. Botswana Weekly does not intervene in the improvement of the operations carried out between the Users nor in the conditions stipulated for them, therefore it will not be responsible for the existence, quality, quantity, status, integrity or legitimacy of the goods offered, acquired. or alienated by the Users, as well as the provision of the services and the capacity to contract of the Users or of the veracity of the Personal Data entered by them.

Due to the fact that Botswana Weekly does not have any participation during the time in which the good or service is published for sale, nor in the subsequent negotiation and improvement of the definitive contract between the parties, it will not be responsible for the effective fulfillment of the assumed obligations by the Users in the improvement of the operation. The User knows and accepts that when carrying out operations with other Users or third parties he does so at his own risk. Under no circumstances will Botswana Weekly be liable for lost profits, or for any other damage and / or damage that the User may have suffered, due to the operations carried out or not performed by articles published through Botswana Weekly.

Botswana Weekly recommends acting with prudence and common sense when performing operations with other Users. The User must also bear in mind the risks of contracting with minors or with people who use a false identity. Botswana Weekly will NOT be responsible for the realization of offers and / or operations with other Users based on the trust placed in the system or the Services offered by Botswana Weekly.

In the event that one or more Users or any third party initiates any type of claim or legal action against another or other Users, each and every one of the Users involved in said claims or actions exempts Botswana Weekly and its directors, managers, employees, agents, operators, representatives and attorneys from all liability. Users have a period of 60 days from the purchase to initiate a claim against another or other Users. Once this period has expired, you cannot initiate a claim from the Botswana Weekly site.

In virtue of the fact that the selling user has the power to eliminate questions or prevent a user from asking questions or offers in their publications, it is clarified that in this case, the user will be solely responsible for that decision and the consequences that may result.

11 – Scope of Free Market services

This agreement does not create any partnership, mandate, franchise, or labor relationship between Botswana Weekly and the user. The user acknowledges and accepts that Botswana Weekly is not a party to any operation, nor does it have any control over the quality, security or legality of the goods and services advertised, the veracity or accuracy of the advertisements, the ability of Users to sell or buy articles. Botswana Weekly cannot assure that a user will complete an operation or verify the identity or personal data entered by users. Botswana Weekly does not guarantee the veracity of third party advertising that appears on the site and will not be responsible for the correspondence or contracts entered into by the user with said third parties or with other users.

12 – System failures

Botswana Weekly is not responsible for any damage, loss or damage to the user caused by failures in the system, on the server or on the Internet. Botswana Weekly will not be responsible for any virus that could infect the user’s equipment as a consequence of the access, use or examination of its website or as a result of any transfer of data, files, images, texts or audio contained in it. Users may NOT charge any responsibility or demand payment for loss of profits, due to damages resulting from technical difficulties or failures in the systems or on the Internet. Botswana Weekly does not guarantee access and continued or uninterrupted use of the site. The system may not be available due to technical difficulties or Internet failures, or for any other circumstance outside Free Market; in such cases, efforts will be made to restore it as quickly as possible without incurring any responsibility whatsoever. Botswana Weekly will not be responsible for any errors or omissions contained in its website.

13 – Rates. Billing

The selling user will only have to pay Botswana Weekly a cost for the sale when the transaction is completed, or if he does not cancel it before 21 days after receiving the offer. For the case corresponding to the category Cars, Motorcycles and Others, Services and Real Estate, the user will only have to pay Botswana Weekly only one cost to publish, except for those Services that allow contracting on the Site and subject to the chosen publication modality.

Botswana Weekly reserves the right to take the judicial and extrajudicial measures it deems pertinent to obtain payment of the amount due.

Botswana Weekly reserves the right to modify, change, add or eliminate the current rates, at any time, which will be notified to the Users, in the manner established in Clause 3. However, Botswana Weekly may temporarily modify the rates for their services due to promotions, these modifications being effective when the promotion is made public or the announcement is made.

If charges have been billed that had not corresponded, the user must contact our Customer Service team to resolve this issue.

14 – Reputation system

Because verification of the identity of Users on the Internet is difficult, Botswana Weekly cannot confirm or confirm the intended identity of each User. Therefore, the Seller User has a reputation system of Users that is periodically updated based on data related to their activity on the site. This reputation system will also consist of a space where the buying Users can comment on the shopping experience. These comments will be included under the exclusive responsibility of the Users that issue them.

Botswana Weekly has no obligation to verify the veracity or accuracy thereof and is NOT responsible for the said spills there by any User, for the offers of purchases or sales that Users make take them into account or for the trust placed in the opinions of Buyers or for any other comments expressed within the site or through any other means including email. Botswana Weekly reserves the right to edit and / or eliminate those comments that are considered inappropriate or offensive. Botswana Weekly maintains the right to exclude those Users who are subject to negative comments from different sources. 

15 – Intellectual property. Links

The contents of the screens related to Botswana Weekly services as well as the programs, databases, networks, files that allow the User to access and use your Account, are owned by Botswana Weekly and are protected by laws and treaties. international copyright, trademarks, patents, models and industrial designs. The improper use and total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by Botswana Weekly.

The Site may contain links to other websites, which does not indicate that they are owned or operated by Botswana Weekly. In virtue that Botswana Weekly has no control over such sites, it will NOT be responsible for the contents, materials, actions and / or services provided by them, nor for damages or losses caused by the use thereof, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement of Botswana Weekly to said sites and their contents.

16 – Indemnity

The User shall hold Botswana Weekly harmless, as well as its affiliates, controlled and / or controlling companies, officers, directors, successors, administrators, representatives and employees, for any claim initiated by other Users, third parties or by any Entity, related to its activities on the Site, compliance and / or non-compliance with the General Terms and Conditions or other Policies, as well as with respect to any violation of laws or rights of third parties.

To this end, the User empowers Botswana Weekly to: i) intervene and represent him in said claims, being able to enter into the transactional agreements that he deems appropriate and that tend to avoid higher costs and / or avoid eventual contingencies without limitation, in his name and representation ; ii) withhold and debit from your Pay Market Account the existing and / or future funds to recover the expenses incurred in the agreements, which may include the fees of the intervening attorneys and court costs in a reasonable amount, and / or iii ) generate specific debits in your billing.

17 – Jurisdiction and Applicable Law

This agreement will be governed in all its points by the laws in force in Botswana. Any controversy arising from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the Administration of Justice.

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