TERMS AND CONDITIONS

Last updated June 01, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Gradeware Solutions (PTY) LTD ('Company', 'we', 'us', or 'our'), a company registered in Botswana and operates on the Second Floor, Mosha Centre, BBS Mall in Gabrone.

We operate the website https://mpatise.com (the 'Site'), the mobile application Mpatlise APP (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

We have provided an e-commerce platform for the agricultural industry in Botswana. The platform allows users to transact and pay through various payment methods including a payment gateway.

You can contact us by phone at +26771633489, email at gradewaresolutions@gmail.com, or by visiting us at our office Second Floor, Mosha Centre, BBS Mall, Gaborone, Botswana.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Gradeware Solutions (PTY) LTD, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email from our company email (gradewaresolutions@gmail.com), as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PRODUCTS/ SERVICES
  6. PURCHASES AND PAYMENT
  7. RETURN POLICY
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENCE
  11. GUIDELINES FOR REVIEWS
  12. MOBILE APPLICATION LICENCE
  13. THIRD-PARTY WEBSITES AND CONTENT
  14. ADVERTISERS
  15. SERVICES MANAGEMENT
  16. PRIVACY POLICY
  17. COPYRIGHT INFRINGEMENTS
  18. TERM AND TERMINATION
  19. MODIFICATIONS AND INTERRUPTIONS
  20. GOVERNING LAW
  21. DISPUTE RESOLUTION
  22. CORRECTIONS
  23. DISCLAIMER
  24. LIMITATIONS OF LIABILITY
  25. INDEMNIFICATION
  26. USER DATA
  27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  28. MISCELLANEOUS
  29. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owners or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: gradewaresolutions@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions:

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions:

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites.

You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable right and licence to use, reproduce, distribute, prepare derivative works of, display, and otherwise exploit your Contributions in connection with the Services, including for the purpose of promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This licence will apply to any form, media, technology now known or hereafter developed, and includes our use of your Contributions in connection with the Services and any business of ours.

You will not receive any compensation for the use of your Contributions and we have no obligation to acknowledge or credit you for Contributions.

By making any Contribution, you represent and warrant that:

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

4. USER REGISTRATION

You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS/ SERVICES

The Services are provided as-is and as available. We do not guarantee that the Services will be available at all times, nor do we warrant that the Services will meet your requirements or be free from errors.

We reserve the right to discontinue or modify the Services, and to stop providing any specific product or service without prior notice.

6. PURCHASES AND PAYMENT

We accept various payment methods through the payment gateway on our platform. You agree to provide accurate payment information and authorize us to charge your selected payment method for the amounts due. All payments are final and non-refundable except as required by law.

7. RETURN POLICY

Returns are handled as per our return policy. Please review our return policy on our website for detailed information on how to return products or obtain refunds.

8. PROHIBITED ACTIVITIES

You may not engage in any of the following prohibited activities:

9. USER GENERATED CONTRIBUTIONS

You are solely responsible for any content or materials you create, post, or share on or through the Services.

We reserve the right to remove any content that we determine, in our sole discretion, to be in violation of these Legal Terms or otherwise objectionable.

10. CONTRIBUTION LICENCE

By submitting Contributions, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable right and licence to use, reproduce, distribute, prepare derivative works of, display, and otherwise exploit your Contributions.

11. GUIDELINES FOR REVIEWS

If you post a review, it must comply with our guidelines. Reviews should be honest and based on your own experience.

12. MOBILE APPLICATION LICENCE

We grant you a limited, non-exclusive, non-transferable licence to download, install, and use our mobile application on a device you own or control.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites or content. We are not responsible for the availability or accuracy of such third-party websites or content.

14. ADVERTISERS

The Services may include advertising. We are not responsible for any interactions you have with advertisers.

15. SERVICES MANAGEMENT

We reserve the right to manage and restrict access to the Services as we deem necessary.

16. PRIVACY POLICY

Our Privacy Policy governs the collection and use of your personal information. Please review our Privacy Policy for more details.

17. COPYRIGHT INFRINGEMENTS

If you believe that any content on our Services infringes your copyright, please contact us with the details so that we can address the issue.

18. TERM AND TERMINATION

We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or discontinue the Services, or any part of them, at any time, with or without notice. We are not liable for any interruptions or errors in the Services.

20. GOVERNING LAW

These Legal Terms are governed by and construed in accordance with the laws of Botswana.

21. DISPUTE RESOLUTION

Any disputes arising out of or in connection with these Legal Terms shall be resolved through binding arbitration in accordance with the rules of the relevant arbitration authority.

22. CORRECTIONS

We reserve the right to correct any errors or inaccuracies in the Services at any time.

23. DISCLAIMER

The Services are provided on an 'as-is' and 'as-available' basis. We disclaim all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.

24. LIMITATIONS OF LIABILITY

We are not liable for any indirect, incidental, consequential, or punitive damages arising out of your use of the Services.

25. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, liabilities, losses, damages, costs, or expenses arising out of or in connection with your use of the Services or any violation of these Legal Terms.

26. CONTACT US

If you have any questions about these Legal Terms, please contact us at Gradeware Solutions (PTY) LTD Second Floor, Mosha Centre, BBS Mall Gaborone Botswana Mobile phone (WhatsAPP): +26775859242 or +26771633489 gradewaresolutions@gmail.com