Welcome to the Kiribati e-Mwakete online marketplace, a website provided by the Ministry of Tourism, Commerce, Industry and Cooperatives (MTCIC) – we, us and our at www.e-mwakete.com.ki (the Website).

The terms and conditions that apply to your use of the Website (“Terms”) are set out below: These terms should be read together with:

• Our Privacy Policy;
• Our Delivery and Returns Policy; and

AGREEMENT TO TERMS

These Terms apply to your use of the Website (including when you place an order with the multi-vendors or create an account with us) and form a legally binding contract between you and us. By accessing and using the website, the person or organization entering into the terms as a User of the website, and all individuals authorized to access the website on that person’s behalf (together, “you”) accept and agree to be bound by these Terms. Please read the Terms carefully. If you do not accept these terms, you should not use this website.

All users who are minors (generally under the age of 18) must have the permission of and be directly supervised by their parents or guardian to use the site. If you are a minor, you must have your parent or guardian read and agree to these terms of Use prior to using the site 

WE CAN AMEND THESE TERMS

It is your responsibility to periodically review these terms of use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the site after the date such revised terms of use are posted. Amendments will be effective immediately when posted on the Website, but will not impact any orders that have already been placed. By continuing to use the Website, you agree to be bound by the Terms including any amendments we make from time to time.

INTELLECTUAL PROPERTY RIGHTS

The Website is created and controlled by the Ministry of Tourism, Commerce, Industry and Cooperatives (MTCIC).

All rights, titles and interests (including present and future intellectual property including copyright) in the Website and in all material appearing on the Website (“Content”) is owned by MTCIC or by our licensors

When accessing this site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third party rights caused by any user content that you provide or transmit to us. Specifically, the Trademarks displayed on this site are registered or un registered Trade Marks of MTCIC or such third party that may own the displayed trademarks. Except as expressly authorized, you may not use, edit, copy, or distribute any of these trademarks or any of other intellectual property, including the mark “Kiribati e-Mwakete”, for any commercial purpose whatsoever, without our express prior written permission.

You acknowledge and agree to all copyright, trademark rights and other intellectual property rights in the Content shall remain at all times vested in MTCIC in us or our licensors, as applicable.

 

YOUR USE OF THE WEBSITE AND THE CONTENT

You agree to any use of the Website in a way that complies with all applicable laws and regulations, that does not infringe MTCIC’s rights or other users’ rights, and that does not inhibit or restrict other users’ enjoyment of the Website.

We grant you a non-exclusive, non-transferable license to access and use the Website only for your personal and non-commercial use, subject to these Terms.

The reproduction, modification, distribution, transmission or republication of the Website and its Content (or any part thereof) is strictly prohibited.

You must not use any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website. In particular, you must not use any so-called “spider” or similar automated software or device to use or access the Website or the Content in any way.

The Website may be accessed throughout Kiribati only. The MTCIC makes no representations that its Content complies with the laws (including intellectual property laws) of any country outside Kiribati. If you access this Website from outside Kiribati, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Website you acknowledge and agree that we may collect, store, use and disclose your personal information in accordance with our Privacy Policy.

 

RETURN/REFUNDS] POLICY

All sales are final and no refund will be issued. Please review our Return Policy posted on the Site prior to making any purchases. 

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• use a buying agent or purchasing agent to make purchases on the Site.
• circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• engage in unauthorized framing of or linking to the Site.
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• make improper use of our support services or submit false reports of abuse or misconduct.
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• attempt to impersonate another user or person or use the username of another user.
• sell or otherwise transfer your profile.
• use any information obtained from the Site in order to harass, abuse, or harm another person.
• use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• delete the copyright or other proprietary rights notice from any Content.

 

THIRD PARTY WEBSITE AND CONTENT

The Website may contain links to third party sites which are not operated by the MCIC. Thus MTCIC is not responsible for the content of those sites as they are not under our MTCIC’s control. These links are provided solely for your convenience and if you use a link to access a third-party site, you access the site and/or use that site’s content (including any products and services available thereon) solely at your own risk. Accordingly, MTCIC is not responsible for liable for any loss or damage incurred by you as a result of your access to third party sites.

The inclusion of links to third party sites on the Website, does not indicate, expressly or impliedly, an endorsement by MTCIC of those sites or the products and services on those sites, nor does it imply any association between us and the owner(s) or operator(s) of those sites.

MTCIC do not permit operators of third-party sites to link to the Website without our prior written permission.

DISCLAIMER

The site is provided on an as-is and as-available basis. you agree that your use of the site services will be at your sole risk. o the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

LIMITATION OF LIABILITY

To the extent permitted by law, neither MTCIC, nor our Minister, Secretary and staff will be liable for any indirect, incidental, consequential, special exemplary, or other damages you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption, the loss of data or information, or other intangible losses (even if we have been advised of the possibility of such damages) arising out of, or in any way related to, the use of, or the inability to use, the Website and any other site linked to the Website.

 

GENERAL INDEMNITY

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

TERM AND TERMINATION

These terms of use shall remain in full force and effect while you use the site. without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. we may terminate your use or participation in the site or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MTCIC may, with sole discretion and without prior notice to you, terminate your license to access the Website and the Content if you breach these Terms.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These terms are governed by and construed in accordance with the laws of Kiribati and you hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Kiribati for any matter or dispute arising in relation to these Terms.

 

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the domestic courts located in Kiribati.

 

CONTACT US

Should you have questions about these Terms or if you would like to give us or notice, you can contact us in the following ways:

Email: [email protected]

Phone: 75126156, 75126157, 75126158

Post: P O BOX 510