Terms and condition

Marty Store– Terms and Conditions

 

1. Introduction and Acceptance of Terms

 

Welcome to Marty Store Platform. These Terms and Conditions (“Terms”) govern the User’s access to and use of Marty Store mobile application and website (collectively, the “Platform”) operated by Marty Store Products and Services Ltd, a company registered in Tanzania. By downloading, installing, or using Marty Store app or website, the User acknowledges having read, understood, and agreed to be bound by these Terms. If the User does not agree with any of these Terms, the User should not use or access the Platform. The User will be required to accept these Terms (for example, by clicking “I Agree”) before creating an account or placing orders, and such acceptance constitutes a binding agreement between the User and Marty Store.

 

2. Eligibility

 

Legal Capacity: Use of the Platform is limited to individuals who have the legal capacity to enter into contracts under applicable law. The User should be at least 18 years old (the age of majority in Tanzania) to register an account or make purchases on Marty Store. If the User is under 18, the User may use the Platform only with the involvement and consent of a parent or legal guardian. By using the Platform, the User represents and warrants that the User meets these eligibility requirements. Marty Store reserves the right to refuse access to the Platform, or terminate accounts, if we reasonably believe the User is not eligible or has provided false eligibility information.

 

3. Account Registration and User Obligations

 

Account Creation: To access certain services (such as purchasing products), the User will need to create a User account. When registering, the User agrees to provide truthful, accurate, and complete information about the User and to keep this information up to date at all times. Each User may maintain only one account, and the account is personal to the User – it should not be shared or transferred to others without our consent.

 

Account Security: The User is responsible for maintaining the confidentiality of the User account login credentials (the username and password) and for restricting access to the User account.

 

The User assumes full responsibility for all activities that occur under the User account or password, whether or not authorized by the User. If the User suspects any unauthorized use of the User account or any other breach of security, the User should notify Marty Store immediately. Marty Store will not be liable for any loss or damage arising from the User’s failure to comply with the above requirements.

 

The User Obligations: By using the Platform, the User agrees to use it only for lawful purposes and in accordance with these Terms. The User should not misuse the Platform or any content or functionality provided through it. This means, for example, the User undertakes not to:

·         Violate any applicable laws or regulations through the User activities on the Platform.

·         Provide any false, misleading, or fraudulent information in the User account or when ordering products.

·         Attempt to circumvent security features or access any part of the Platform without authorization.

·         Engage in any activity that could disrupt or interfere with the functioning of the Platform (such as deploying viruses, malware, or automated scripts).

·         Use the Platform to harass, threaten, or harm any other User, vendor, or Marty Store staff.

Failure to adhere to these User obligations may result in suspension or termination of the User account (see Section 9).

 

4. Marketplace Platform – Role of Marty Store and Vendors

 

Marty Store as an E-Commerce Platform: Marty Store operates an online marketplace that connects buyers (the Users) with third-party sellers (“Vendors”) who list and sell products on the Platform. When the User purchases a product on Marty Store, the User is buying from an independent Vendor, not from Marty Store itself. Marty Store’s role is to provide the Platform services – including listing of products, payment processing, and logistics coordination – to facilitate transactions between Vendors and buyers. Marty Store is not the owner or manufacturer of the products listed by Vendors, and does not itself assume the role of a direct seller of those products, except as explicitly stated in these Terms. The contract of sale for a product is between the User (the buyer) and the Vendor of that product, with Marty Store acting as an intermediary to streamline the process.

 

Vendor Responsibilities: All Vendors on Marty Store are required to abide by strict standards and policies to ensure a safe and satisfactory shopping experience for buyers. Vendors are responsible for procuring their products, listing them accurately, and fulfilling orders in a timely manner. Each Vendor warrants that the products they offer are genuine (non-counterfeit), as described, and legally permitted for sale. Vendors should comply with all applicable laws and regulations regarding product safety, quality, labeling, and consumer protection. Product authenticity and quality are the sole responsibility of the Vendor. Vendors are also responsible for ensuring that inventory information (stock levels, pricing, descriptions, images) is accurate and kept up-to-date. If a Vendor fails to fulfill these obligations – for example, by selling counterfeit goods or not shipping orders – Marty Store may take appropriate action against the Vendor (including suspension or termination of the Vendor’s access to the Platform). While Marty Store is not the seller of record, we monitor Vendor performance and compliance in order to protect our Users. The User can therefore have confidence that products on Marty Store should be authentic and as advertised, and any Vendor found to be engaging in fraudulent or illegal conduct will face consequences under the Vendor Agreement and applicable law.

Product Information: Product descriptions, images, specifications, and pricing on the Platform are provided by the Vendors. Marty Store requires Vendors to provide accurate and complete product information, and we may perform checks or remove listings that appear to violate our policies. However, Marty Store does not independently warrant that product descriptions or other content provided by Vendors are error-free, complete, or current. Minor variations in color or details may occur. If a product the User receives is significantly not as described in the listing, please contact us (see Section 6 on Delivery and Section 12 on Dispute Resolution) and we will work with the User and the Vendor to address the issue in accordance with these Terms and Tanzanian law. Please note: Except where expressly provided in these Terms or required under applicable law, Marty Store does not offer returns or exchanges for products (see Section 5 on Ordering & Payment regarding all sales being final). Any specific return or refund arrangements for a particular product will be clearly communicated if they exist.

 

5. Ordering and Payment

 

Placing an Order: To purchase a product, the User should place an order through the Platform. This involves selecting a product, providing accurate delivery information (such as the User’s name and shipping address), and completing the checkout process, which will display the total price to be paid (including product price, any applicable taxes, and delivery charges). By clicking the “Order” or “Buy” button (or equivalent) and completing payment, the User is making a legal offer to purchase the selected product(s) from the respective Vendor(s) at the indicated price. Marty Store will acknowledge receipt of the User order and will notify the User once the order is confirmed and being processed by the Vendor. The sale contract is considered formed and binding when Marty Store sends the User a confirmation that the Vendor has accepted and will fulfill the User order.

Pricing and Charges: All prices for products are set by the Vendors and are listed in US Dollars (USD) and/or Tanzanian Shillings (TZS) unless otherwise indicated. We strive to ensure accurate pricing on the Platform; however, in the event of a pricing error or discrepancy, we reserve the right to cancel any orders placed at an incorrect price (with no charge to the User) or to contact the User for instructions before proceeding. Any applicable taxes (e.g. VAT) will be included or indicated in the price as required by law. Delivery charges will also be shown at checkout, based on the delivery address and shipping method. By placing an order, the User agrees to pay the total amount shown at checkout, which includes the product price and any applicable delivery fees. Delivery charges may vary depending on weight, destination, and other factors; these charges are set in line with our logistics partner’s rates. 

Payment Methods: Marty Store supports various payment methods for the User’s convenience, such as credit/debit cards, mobile money (e.g., M-Pesa, Tigo Pesa), or other electronic payment options. Available payment methods will be displayed at checkout. The User agrees to provide valid payment details and authorize us (or our third-party payment processor) to charge the total order amount to the User’s selected payment method. All payments should be received in full before orders will be dispatched. If the User’s payment cannot be processed (e.g., due to insufficient funds or incorrect details), the User order will not be accepted, and we will inform the User to arrange an alternative payment.

Payment Processing and Agency: Marty Store (or its authorized payment processor) will collect payments from the User on behalf of the Vendor. Marty Store is authorized by each Vendor to act as their limited payment collection agent for the purpose of accepting the User payments. This means that once the User has paid the order amount to Marty Store (or our payment processor), the User payment obligation to the Vendor is considered fulfilled, and the Vendor is bound to deliver the product. Conversely, any refunds (where applicable under these Terms) would be issued by Marty Store to the User on the Vendor’s behalf. This payment structure is in place to protect both buyers and sellers: Vendors can rely on Marty Store to securely handle customer payments, and buyers have the assurance that their payment is not released to the Vendor until the product is delivered or as per our policies. The User should never directly pay a Vendor outside of the Platform for orders placed through Marty Store. Any such unauthorized payments will not be covered by our buyer protection guarantees.

All Sales Final – No Return Policy: All purchases on Marty Store are considered final, meaning we currently do not offer a general return or exchange policy for unwanted or undamaged products. Please choose the User products carefully and review all information before purchasing. Exceptions may apply only as required by law or as expressly stated for specific products or promotions. If a delivered product is defective, damaged, or not as described, the User should report it to Marty Store customer support promptly (see Sections 6 and 12 for dispute handling). We will assist in accordance with these Terms, which may include working with the Vendor for a remedy. However, unless expressly provided, the Platform does not have an established returns program at this time. This does not affect any rights the User may have under Tanzanian consumer protection laws that cannot be excluded (see Section 11, Disclaimers).

 

6. Delivery and Fulfillment

 

Logistics Partner (TPC): Marty Store has partnered with Tanzania Posts Corporation (TPC) (Shirika La Posta) as our primary logistics and delivery provider. All orders are fulfilled and dispatched using TPC’s Express Mail Service (EMS) courier service or, in areas where available, through Marty Store’s own delivery service. By shopping on Marty Store, the User agrees that the User orders will be shipped via these services. TPC, through the EMS service, and Marty Store delivery officers will handle the pickup of parcels from Vendors and delivery to the address the User provides, with professional care and in accordance with agreed service standards.

Delivery Process: Once the User order is confirmed and the Vendor has prepared the item for shipment, TPC / Marty Store will collect the package from the Vendor’s location and route it to the User’s designated delivery address. TPC’s EMS service includes features such as parcel tracking, secure handling, and timely delivery commitments. Marty Store’s system is integrated with TPC’s tracking system to provide the User with real-time updates on the User’s shipment status. The User will typically receive a tracking number or be able to view the delivery status in the User Marty Store account once the item is dispatched.

Delivery Timeframes: Estimated delivery times will be displayed or communicated when the User places the User order (these may vary depending on origin, destination, and other factors). While TPC and Marty Store will use reasonable efforts to deliver orders promptly and within the estimated timeframe, please note that delivery times are estimates and not guaranteed. According to our Vendor agreement, Vendors should dispatch orders promptly and delivery is expected to be completed within a reasonable time after dispatch. However, unexpected delays can occur due to logistics issues, bad weather, regulatory checks, or other unforeseen events. If we become aware of any significant delay or issue with the User delivery, we will notify the User (for example, if an address problem or recipient unavailability occurs, as per TPC’s procedures). The User may also contact our customer support if the User order is not delivered within the expected timeframe.

Delivery Address and Recipient Responsibility: The User is responsible for providing a complete, accurate shipping address and valid contact information at the time of order. TPC will deliver to the address the User provides, and may contact the phone number or other contact provided to arrange delivery if necessary. Please ensure someone is available to receive the package. If delivery is attempted and the User is not available, TPC may attempt redelivery or hold the package at a local postal facility and notify the User, as per their standard procedure. In cases of incorrect or insufficient address information, TPC will return the item to Marty Store or the Vendor for correction; this can cause substantial delays, so double-check the User’s address when ordering. Risk of loss or damage to the products passes to the User only when the product is delivered to the User (or an authorized recipient at the User address). Until that point, the products are under the responsibility of the Vendor and Marty Store (through our logistics partnership).

Delivery Confirmation: A delivery shall be considered completed once TPC’s tracking system marks the item as “Delivered” to the address or recipient the User provided, or when the User (or someone at the User address) physically receives the product, whichever is earlier. At that moment, title to and risk in the product transfers to the User. We encourage the User to inspect the package upon delivery. If the package or product appears significantly damaged on arrival, the User should document the issue (e.g., take photos) and notify Marty Store support as soon as possible.

Marty Store Delivery Guarantee (Non-Receipt Protection): We want the User to shop with confidence on Marty Store. The Platform guarantees that the User will either receive the product(s) the User ordered or receive a suitable remedy such as a refund or replacement. In the event the User order does not arrive or is lost or damaged in transit, Marty Store will ensure the User is not out-of-pocket for that purchase. Specifically, if an order is confirmed as lost by our courier (or does not show delivered within a reasonable period beyond the expected delivery date), or if it arrives in a significantly damaged condition that renders the product unusable, we will work with the User to provide a resolution. This resolution may include re-shipment of the item (if available) or a full refund of the User purchase price. We may require the User to cooperate with any investigation by TPC (for example, filling out a lost-item report or confirming non-delivery). Once it is determined that the User did not receive the product due to no fault of the User (e.g., not due to providing a wrong address), Marty Store will compensate the User as appropriate, fulfilling our guarantee. This delivery guarantee is a core part of our service and applies to cases of non-delivery or loss only; it does not extend to situations where the User received the product but is unsatisfied with it (however, see Product Issues below).

Product Issues and Complaints: If the User receives a product but finds it to be materially defective, damaged, or not as described, the User should notify Marty Store customer support within a reasonable time (preferably within 7 days of delivery). While we do not have a general return policy, we take such complaints seriously and will liaise with the Vendor on the User’s behalf. Vendors are obligated to sell only products that meet their description and quality standards, so a product that is fake, unsafe, or not as advertised constitutes a breach of the Vendor’s obligations. Marty Store will facilitate a resolution which may involve a refund, partial refund, or other remedy as appropriate and consistent with Tanzanian law. Any resolution for product quality issues will be determined on a case-by-case basis, taking into account the circumstances, the Vendor’s policies, and applicable consumer protection laws. Our goal is to ensure fair outcomes without unduly burdening buyers, even as the primary responsibility lies with the Vendor. (Note: in some cases, the User may be asked to return the defective item to the Vendor or to Marty Store as part of the resolution, but this will be communicated if applicable. Otherwise, the User is not required to ship anything back given our current no-return standard.)

 

7. User Conduct and Acceptable Use

 

When interacting with the Platform (including any community features, reviews, or communications with Vendors or Marty Store staff), the User agrees to conduct themselves in a respectful and lawful manner. In addition to the general User obligations in Section 3, the following rules apply to the User conduct and any content the User contributes:

·         Prohibited Content: The User should not post, transmit, or share content that is illegal, obscene, vulgar, pornographic, hateful, harassing, defamatory, libelous, threatening, or invasive of another’s privacy or rights. Any content that infringes or misappropriates someone else’s intellectual property or other rights is strictly forbidden. For example, the User may not post reviews or comments that contain copyrighted material (like text or images) that the User does not have permission to use.

·         Integrity of Platform: The User shall not upload or distribute viruses, malware, or any other harmful code via the Platform. Also, the User may not engage in any form of unsolicited advertising or spam. Mass mailings, chain letters, or automated postings are not allowed. Similarly, attempts to scrape data or use automated systems (bots) to access the Platform without permission are not allowed.

·         Truthful and Relevant Content: If the Platform allows the User to post reviews, ratings, or comments, the User should ensure that the User content is honest and factually accurate to the best of the User knowledge, and that it relates to the product or service in question. Deliberately false or misleading statements, attempts to manipulate ratings, or content unrelated to the actual product/service are violations of these Terms.

·         No Impersonation or Misrepresentation: The User may not impersonate any person or entity or misrepresent the User affiliation with any person or entity on the Platform. For instance, do not create accounts under someone else’s name, or claim to represent Marty Store or a Vendor if the User is not authorized. Also, do not use a false email address or other contact info when communicating or posting content.

·         Interaction with Others: When communicating with Vendors or customer service, or participating in any interactive area of the Platform, the User should be respectful. No abusive language, hate speech, or personal attacks will be tolerated. We reserve the right (but not the obligation) to monitor communications and remove or edit any User content that violates these standards or the law.

·         Use for Intended Purpose: The Platform is meant for personal shopping and use. The User agrees not to exploit the Platform or any part of it for commercial purposes outside of the intended buying and selling activities facilitated by Marty Store. For example, the User should not use the site as a means to advertise non-Marty Store businesses, nor systematically collect information or listings to benefit a competitor.

If the User violates any of the above conduct rules or any other provision of these Terms, Marty Store may take action against the User, including removing offending content, issuing warnings, suspending or terminating the User account, or taking legal action if necessary. The User will be responsible for any losses or costs incurred by Marty Store (including attorneys’ fees) due to the User violation of these rules. By posting any content on the Platform (such as product reviews or feedback), the User grants Marty Store a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate, distribute, and display that content as needed to operate the Platform and our business. The User also represents that the User has all necessary rights to the content the User posts and that our use of such content will not violate any third-party rights. (For more on intellectual property, see Section 9.)

 

8. Intellectual Property Rights

 

Platform Content: All content made available to the User through the Platform – including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software – is the property of Marty Store, the Vendors, or our content suppliers, and is protected by copyright, trademark, and other intellectual property laws. The compilation of all content on the Platform is the exclusive property of Marty Store (or its affiliates) and is likewise protected by applicable laws. Marty Store and associated logos, designs, and service names are trademarks of Marty Store Products and Services Ltd. Additionally, Vendors’ brand names, logos, and product images may be protected trademarks or copyrighted works of their respective owners. The User is granted a limited, non-transferable, non-exclusive license to access and make personal use of the Platform and its content for the sole purpose of shopping or using our services. No content from the Platform may be reproduced, duplicated, copied, sold, resold, distributed, or otherwise exploited for any commercial purpose without express written consent from Marty Store. The User also may not use framing techniques or meta tags to enclose any Marty Store trademark, logo, or other proprietary information (including images, text, page layout) without our explicit consent. Any unauthorized use of the Platform or its content terminates the permission or license granted by Marty Store.

Third-Party and Vendor Content: Some content on the Platform is provided by third parties, including Vendors (for example, product images/descriptions or brand logos), or via integration with third-party tools (such as maps or payment gateways). All rights in such content remain with their respective owners. Vendors on Marty Store grant us the right to display and use their product content to operate the marketplace, but they retain ownership of their trademarks and copyrighted materials. Our use of Vendor content is for the benefit of facilitating sales and does not imply endorsement of any Vendor by Marty Store beyond their presence on our marketplace.

User Feedback and Ideas: We welcome the User feedback, ideas, or suggestions about how to improve our services. If the User submits any feedback or ideas to us, the User acknowledges that such submissions are voluntary and that we are free to use, disclose, and exploit them without any obligation (including any compensation to the User) and without any restriction or confidentiality obligations.

 

9. Suspension and Termination

 

By Marty Store (Termination or Suspension): Marty Store reserves the right to suspend or terminate the User account and/or the User’s access to some or all parts of the Platform at any time, with or without notice, if we believe, in our sole discretion, that the User has violated these Terms or any applicable law, or if we suspect fraudulent, abusive, or harmful activity. We also reserve the right to refuse service or disable the Platform (in whole or in part) to the User for any other reason at our discretion, to the extent permitted by law. Grounds for suspension/termination may include (but are not limited to) the following: (a) breach of any terms of this Agreement or Platform policies; (b) engaging in any prohibited User conduct (see Section 7); (c) non-payment or fraudulent payment activity; (d) any action by the User that undermines the security, integrity, or reputation of the Platform; or (e) repeated disputes or complaints that indicate misuse of our services. In the event of suspension or termination, we will make any legally required refunds (or fulfill any outstanding statutory obligations to the User) if applicable, but otherwise the User will not be entitled to compensation for loss of access. Marty Store will use reasonable efforts to notify the User of any such action and, where appropriate, may provide the User an opportunity to appeal or correct issues, but is not obligated to do so.

By The User (Account Closure): The User may choose to terminate the User account with Marty Store at any time. The User can do so by contacting our customer support or using any account closure function provided on the Platform. If the User has any open orders that have not yet been delivered or are in dispute, we may ask the User to resolve those before fully closing the User account. Terminating the User account will not cancel any orders that have already been processed; those orders will continue to be fulfilled and the User will still be responsible for payment. Likewise, termination of the User account does not by itself entitle the User to a refund of past orders (unless otherwise in accordance with these Terms or law).

Effects of Termination: Upon termination of the User account (by the User or by us), the User right to use the Platform ceases immediately. We will revoke the User login credentials, and the User will lose access to any data or content in the User account (so the User should save any records the User may need beforehand). Any provisions of these Terms which by their nature should survive termination (such as payment obligations for past orders, disclaimers of warranties, limitation of liability, dispute resolution, and any licenses granted to us for content) shall survive. If the User account was terminated for violation of terms, the User may not create a new account or access the Platform without our prior written permission.

 

10. Disclaimers of Warranties

 

Platform Provided “As Is”: Marty Store provides the Platform and all services on an “as is” and “as available” basis, without any warranties of any kind, unless otherwise explicitly stated. We make no representation or warranty that the Platform will meet the User’s requirements, or that it will be uninterrupted, error-free, secure, or free of viruses or other harmful components. While we strive for accuracy and reliability, we do not guarantee the accuracy, completeness, or timeliness of information on the Platform, including product listings, descriptions, or the User content. The User expressly agrees that the User’s use of the Platform is at the User’s sole risk.

Product Responsibility: Any products purchased through the Platform are provided “as is” by the Vendors, without warranties from Marty Store. Marty Store does not manufacture or inspect the products sold by Vendors and does not provide any guarantee or warranty of quality, safety, usability, or fitness for a particular purpose for those products, beyond the obligations explicitly stated in these Terms or under mandatory law. All warranties, conditions and other terms implied by law (including any implied warranties of merchantability or fitness for purpose) are hereby disclaimed by Marty Store to the fullest extent permitted by law. However, the Vendors who sell on our Platform may provide their own warranties (for example, a manufacturer’s warranty) or are responsible for product quality issues as stated elsewhere in these Terms. Any claims for defects or non-conformity of a product will typically be addressed by facilitating a solution with the Vendor (per Sections 4 and 6), but Marty Store itself does not assume direct liability for product defects except as required by law.

No Other Guarantees: Other than the Delivery Guarantee explicitly described in Section 6 (ensuring the User receives the User product or a remedy), no guarantee is made by Marty Store that any particular outcome will result from using the Platform. For example, we do not guarantee continuous availability of any particular product or Vendor, or any minimum delivery speed, etc. We provide any estimates or indications for convenience but without binding commitment (except where a guarantee or promise is explicitly made).

Third-Party Services: Sometimes, our Platform may include links or integrations to third-party services (such as payment gateways, map services, or external websites for information). Marty Store is not responsible for the availability or correctness of services provided by third parties outside our control, and we do not endorse or assume liability for any content, advertising, products, or materials on or available from such third parties. Any third-party services may have their own terms and privacy policies, which the User should review.

Statutory Rights: We acknowledge that the User may have certain rights under Tanzanian law that cannot be excluded or limited by contract. Nothing in these Terms is intended to exclude or limit any consumer rights that are non-excludable under Tanzanian law. For example, under the Tanzania Electronic Transactions Act or other consumer protection regulations, certain disclosures and protections may apply to online transactions. To the extent any provision of these Terms would contradict such legal rights, that provision shall be interpreted in a manner most favorable to the consumer or, if necessary, deemed not applicable (while the rest of the Terms remain in force). However, where the User is using the Platform for a business/commercial purpose (not as a consumer), any statutory protections intended for personal consumers may not apply.

 

11. Limitation of Liability

 

Limited Liability of Marty Store: To the fullest extent permissible by law, Marty Store (and its parent company, affiliates, directors, officers, employees, and agents) will not be liable for any damages of any kind arising from or related to the User use of the Platform or purchase of products via the Platform. This includes, without limitation, any direct, indirect, incidental, consequential, special, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangibles. Marty Store shall not be liable for any damages for personal injury or property damage arising from products sold by Vendors through the Platform, or for any delay or failure to deliver products (beyond providing the remedies expressly set forth in these Terms). We are also not responsible for any loss or damage that was not reasonably foreseeable to both the User and us at the time the User agreed to these Terms.

Cap on Liability: In jurisdictions where exclusions of certain damages are not permitted, or where statutory liabilities apply (e.g., in cases of gross negligence or willful misconduct), we do not exclude such liability to the extent it is legally mandated. However, if we are found liable for any claim arising out of or related to the Platform or these Terms, our aggregate liability to the User shall not exceed the amount the User paid to Marty Store for the product or service in question. For example, if the User claim is related to a specific order, our liability would be at most the total fees (price + shipping) the User paid for that order. This limitation will apply regardless of the form of action (whether in contract, tort, statute, or otherwise).

The User’s Responsibility: The User agrees that, to the extent permitted by law, any claim or cause of action arising out of the User use of the Platform should be brought within a reasonable time and, in any event, within one (1) year after such claim or cause of action arises, or it will be forever barred. The User also acknowledges that the fees (if any) charged for use of the Platform are based in part on these liability limitations; if the User did not agree to them, we would not be able to provide the Platform or services on the same terms.

Indemnification: The User agrees to indemnify, defend and hold harmless Marty Store and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to (a) the User breach of these Terms, (b) the User violation of any law or regulation or the rights of any third party in connection with the User use of the Platform, or (c) any content the User submit or actions the User take through the Platform. This means that if a third party (for example, another User or a government authority) makes a claim against Marty Store or its partners because of the User conduct, the User will reimburse us for the cost of defending against that claim (including any fines, fees or judgments). We will notify the User of any such claim and may allow the User to assist in defending it, but we reserve the right to assume exclusive defense and control of any matter subject to indemnification by the User (at the User expense) if we choose.

No Joint Liability: If the User has a dispute with one or more Vendors or other Users, the User releases Marty Store (and our affiliates and agents) from any claims, demands, and damages arising out of or connected with such dispute. Each User and Vendor is independently responsible for complying with their obligations to others, and Marty Store is not jointly liable for the conduct of third parties on the Platform.

 

12. Governing Law and Dispute Resolution

 

Governing Law: These Terms and any dispute or claim arising out of or in connection with the Platform or the User use of the services shall be governed by the laws of the United Republic of Tanzania, without regard to its conflict of law principles. We operate the Platform from Tanzania and make no representation that it is appropriate or available for use in other jurisdictions; if the User accesses the Platform from other jurisdictions, the User is responsible for compliance with local laws.

Initial Resolution Efforts: In the event of any concern or dispute between the User and Marty Store (or the User and a Vendor) arising from the User use of the Platform or a purchase, we encourage the User to first contact our customer support to attempt an informal resolution. Many issues can be resolved quickly through our support channels. We value our customers and will make good faith efforts to address the User concerns.

Jurisdiction and Venue: If a dispute cannot be resolved informally, and legal action is pursued, it shall be subject to the exclusive jurisdiction of the courts of Tanzania, specifically the courts located in Dar es Salaam. The User and Marty Store each irrevocably submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute.

Dispute with Vendors: Because Vendors are independent sellers, any claim or dispute the User has regarding a product (its quality, safety, etc.) should ideally be raised with us as described above so we can coordinate with the Vendor. If a dispute escalates to legal action between the User and a Vendor, the User may pursue remedies against the Vendor directly. These Terms do not limit any rights the User may have to seek relief under Tanzanian law against a Vendor. However, note that our Delivery Guarantee and any facilitated resolutions do not require the User to pursue the Vendor in court; we handle those under our policies. This clause is mainly to clarify that any court claims regarding product issues might involve the Vendor as the responsible party.

 

13. Changes to These Terms

 

Updates to Terms: Marty Store reserves the right to modify or update these Terms from time to time as our business and legal requirements evolve. If we make material changes, we will notify the Users by posting the revised Terms on the Platform and updating the “Last Updated” date at the top, or by other prominent communication (such as email or an in-app notification). Any changes to the Terms will normally become effective upon the posted effective date, but will not apply retroactively to events that occurred prior to that date. We will provide advance notice for any significant changes when required. By continuing to use the Platform after the new Terms take effect, the User indicates acceptance of the updated Terms. If the User does not agree with any changes, the User should stop using the Platform and (if applicable) deactivate the User account. We encourage the User to review the Terms periodically to ensure the User understands the current rules and obligations.

Continued Applicability: No change to these Terms will affect any rights or obligations that have already accrued to the User or us prior to the change. For example, if the User made a purchase under a previous version of the Terms, that transaction will be governed by the Terms in place at the time of purchase, unless we obtain the User express consent to apply new Terms to it.

 

14. Miscellaneous Provisions

 

Entire Agreement: These Terms (together with any documents or policies expressly referenced within, such as our Privacy Policy or any additional terms for specific services) constitute the entire agreement between the User and Marty Store regarding the User’s use of the Platform, superseding any prior agreements or understandings (whether oral or written) relating to the same subject matter. The User acknowledges that the User has not relied on any representation, promise, or statement not expressly set out in these Terms in deciding to use the Platform.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. If necessary, the parties (the User and us) agree to negotiate in good faith a valid and enforceable provision that closely matches the intent of the original, unenforceable provision.

No Waiver: No failure or delay by Marty Store in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. Similarly, any waiver granted for a particular instance of non-compliance with these Terms shall not constitute a waiver of any other instance or ongoing obligation. Our rights and remedies under these Terms are cumulative and do not exclude any rights or remedies provided by law.

Assignment: The User may not assign or transfer any of the User rights or obligations under these Terms without the prior written consent of Marty Store. Any attempted assignment by the User without such consent will be null and void. Marty Store may assign or transfer its rights and obligations under these Terms to an affiliate, or to a successor entity in the event of a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, provided that doing so does not materially affect the rights of consumers under these Terms. We will provide notice to the User in the event of any such assignment by us, as required by law.

Relationship: Nothing in these Terms is intended to create any agency, partnership, joint venture, or employment relationship between the User and Marty Store. The User and Marty Store are independent contracting parties. The User does not have any authority to make any commitments on behalf of Marty Store.

Notices: Marty Store may provide notices to the User under these Terms by email to the address associated with the User’s account, by written communication sent by postal mail to the User’s address on record, or by posting prominently on the Platform. The User may provide notices to us by emailing our customer support or via any official contact method listed on our Platform. Notices shall be considered delivered and received: (a) if by email, on the transmission date (provided no bounce or error is received); (b) if by post within Tanzania, five business days after mailing; (c) if by international post, ten business days after mailing; or (d) if by Platform posting, at the time of posting.

Governing Language: These Terms are written in the English language. If these Terms are translated into another language, the English version shall prevail to the extent of any conflict or ambiguity in interpretation.