Terms and Conditions
- These Terms of Use (the “Terms of Use”) govern your use of our website www.mhl.co.mz (the “Website”) Please read these Terms of Use carefully before you use the Website. If you do not agree to these Terms of Use, you may not use the Website. By merely accessing and using the Website you shall be contracting with us and you signify your acceptance to the Terms of Use and other policies (including but not limited to the Privacy Policy) as posted on the Website and amended from time to time, which takes effect on the date on which you use and access the Website and create a legally binding arrangement to abide by the same.
- The Website is owned and operated by Mozambique Holdings, a private limited company incorporated under the Mozambique Commercial Code having its registered office at Mozambique Holdings Lda, Ave. Angola 3016, Maputo, Mozambique | +258 860 112 174. For the purpose of these Terms of Use, wherever the context so requires, “you”, “user”, or “User” shall mean any natural or legal person who shall access and carry out a transaction on/ through this Website as a buyer/ user, using any computer systems or otherwise. The terms “we”, “us” or “our” shall mean Mozambique Holdings.
- Amendments
These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other policies at any time by posting modified documents on the Website. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other policies and note the changes made on the Website Your continued usage of the Services after any change is posted, constitutes your acceptance of the amended Terms of Use and other policies. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the website from time to time.
- Use of Website and Services
I. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us.
II. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to prohibit any such activity.
III. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, “password mining” or any other illegitimate means.
IV. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
V. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
VI. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
VII. You may not use the Website or any content on the Website for any purpose that is unlawful or prohibited by these Terms of Use.
VIII. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) applicable international laws, statutes, ordinances and regulations.
IX. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Website.
- General:
I. Persons who are “incompetent to contract” within the meaning of the Mozambique Commercial Code, including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Website and avail Services. If you are under 18 years of age and you wish to access or use the Website, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy.
II. As we are available in the select regions in the Republic of Mozambique we have complied with applicable laws of the Republic of Mozambique in making the Website and its content available to you. In the event the Website is accessed from outside the Republic of Mozambique, it shall be entirely at your risk. We make no representation that the Website and its contents are available or otherwise suitable for use outside select regions. If you choose to access or use the Website from or in locations outside select regions, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorizations, rules and guidelines.
III. You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and policies to the attention of all such persons accessing the Website on your computer or mobile device.
IV. You also understand and acknowledge that the use of the Website requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
V. You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
- Disclaimers
I. THE WEBSITE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
II. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
III. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
IV. WHILE THE IMAGES, MATERIALS PROVIDED ON THE WEBSITE WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN.
V. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
VI. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE WEBSITE. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
VII. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/ WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Intellectual property
I. We are the owner of intellectual property rights or have the non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Website, and in the material published on it including but not limited to the user interface, layout format, order placing process flow, and any content thereof.
II. You recognize that we are the registered owner or have applied for the mark and the logo including but not limited to its variants (IPR). If you become aware or acquire knowledge of any infringement of IPR you shall report the same at/ through corporate@mhl.co.mz with all relevant information.
- Treatment of the information provided by you
We process information provided by you to us in accordance with our Privacy Policy.
- Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
- Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
- Governing law and dispute resolution
These Terms of Use are governed by the laws of the Republic of Mozambique. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Website, shall be subject to the jurisdiction of the courts at Maputo, Mozambique.
- Contact Us
Please contact us at corporate@mhl.co.mz for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
Grievance Officer/Nodal Officer
In accordance with (1) Information Technology Act, 2000 and rules made thereunder, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Name: Ashish Elias
Organization: Mozambique Holdings Lda,
Address: Ave. Angola 3016, Maputo, Mozambique | +258 860 112 174
Phone: +258 860 112 174
Email: ashish@mhl.co.mz
- Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SAID WEBSITE/TRANSACTION/BUSINESS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SINGLE SUCCESSFUL PURCHASE YOU HAVE MADE.
These Terms and Conditions are co-extensive and concurrent with Mozambique Holdings Limited’s other Terms and Conditions, and the Privacy Policy listed on this Website.
