
Terms of Services
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
The Website is owned and operated by Mwani Zanzibar, a company incorporated in Tanzania. By accessing and using this Website, you agree to comply with the terms and conditions set forth herein ("Terms of Use"). The access and use of the Website are subject to these Terms of Use and all applicable laws, statutes, and regulations. Mwani Zanzibar reserves the right to revise these Terms of Use from time to time without notice by updating this posting. Continued access to the Website by you will constitute your acceptance of these Terms of Use and any revisions.
The Website is intended to provide general information about Mwani Zanzibar, its products, services, and the broader environmental impact initiatives related to sustainable practices and marine ecosystems. The information provided on the Website does not constitute medical advice, and you should not interpret the content as any warranty or guarantee related to the effectiveness of products or services. No regulatory agency has approved or authorized the products described on this Website as being effective for diagnosing, treating, curing, or preventing any diseases.
Intellectual Property Rights
It is the policy of Mwani Zanzibar to protect its intellectual property to the fullest extent permitted by law. All content on the Website, including but not limited to text, images, videos, graphics, audio, software, and other materials ("Content"), is protected by copyright and trademark laws. Mwani Zanzibar owns or licenses the copyrights to all content on the Website. Except for accessing the Website for personal, internal use, you may not use, copy, reproduce, modify, republish, upload, post, transmit, or otherwise exploit any of the Content without the express written permission of Mwani Zanzibar or, where applicable, the third-party rights holder.
Export Restrictions
You agree not to directly or indirectly export or re-export the Website or any Content in violation of any applicable laws, regulations, or treaties, including those of Tanzania or any other country.
Prohibited Uses
You agree not to use the Website or Content for purposes that:
- Restrict or inhibit others' use of the Website.
- Gain unauthorized access to other accounts, systems, or networks.
- Store or collect information except as necessary to use the Website.
- Impersonate any person or entity or make false representations.
- Transmit unauthorized advertising, spam, or any unlawful content.
- Upload or transmit harmful or unlawful materials, including viruses, harmful software, or content that is abusive, defamatory, obscene, or discriminatory.
You agree to comply with all applicable laws, rules, and regulations while using the Website. Mwani Zanzibar reserves the right to monitor user activity to ensure compliance with these Terms of Use.
User-Submitted Content
Mwani Zanzibar may receive feedback, comments, or ideas from users. Any information or materials submitted to the Website will be treated as non-confidential and non-proprietary unless otherwise indicated. By submitting any information, you grant Mwani Zanzibar a royalty-free, unrestricted, irrevocable license to use, reproduce, modify, and distribute the submitted materials for any purpose.
Privacy and Data Protection
Please refer to Mwani Zanzibar's Privacy Policy to understand how personal information is collected, stored, and used. By submitting personal information, you accept the terms of the Privacy Policy. If you have any questions about your privacy rights or the practices of our Website, please contact us at: hello@mwanizanzibar.com.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Tanzania, without regard to its conflict of law principles. By using this Website, you consent to the jurisdiction and venue of the courts located in Tanzania.
For any inquiries or concerns about these Terms of Use or other questions regarding the Website, please contact us at: h In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If Mwani Zanzibar suspects that your Registration Data is inaccurate or incomplete, Mwani Zanzibar may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website.
If a product you purchase does not match the description on the Website, as your sole and exclusive remedy you may return the product, unused, to Mwani Zanzibar and receive a refund of your purchase price. Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing, and availability. In the event of a pricing error, Mwani Zanzibar will take one of the following options: (i) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure [insert link]. Discounts are limited-time offers and are not valid with other offers. For shipping, cancellation, and other ordering questions, please contact our customer service representatives at hello@mwanizanzibar.com.
We monitor order activity for potential abuse of our policies, such as fraud and product diversion. Mwani Zanzibar reserves the right to limit or cancel any order if we find that our policies have been abused. Any finding of abuse of our policies shall be in our sole discretion and is not appealable. We are not obligated to disclose our reasons and methods, other than to inform the consumer that the order is cancelled.
THIS WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Mwani Zanzibar AND ITS SUBSIDIARIES AND AFFILIATES (A) MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (i) REGARDING THE WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE; OR (ii) THAT THE MATERIALS ON THIS WEBSITE CONFORM TO YOUR LOCAL LAWS (IF YOU ARE ACCESSING THIS WEBSITE FROM A LOCATION OUTSIDE TANZANIA, YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS); (B) HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, Mwani Zanzibar MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. Mwani Zanzibar MAY CHANGE THE WEBSITE AT ANY TIME, INCLUDING WITHOUT LIMITATION TO THE PRODUCTS AND PRICES DESCRIBED IN THE SITE, BUT DOES NOT ASSUME ANY RESPONSIBILITY TO UPDATE IT.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW , Mwani Zanzibar SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF Mwani Zanzibar HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE WEBSITE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST Mwani Zanzibar RELATED TO THE WEBSITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.
You shall indemnify, defend and hold harmless Mwani Zanzibar, its officers, directors, members, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms of Use. Mwani Zanzibar shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Mwani Zanzibar.
The law of Tanzania shall govern these Terms of Use, without reference to its choice of law rules. Mwani Zanzibar reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website. hello@mwanizanzibar.com.
Disclaimer of Warranties; Limitation of Liability; Indemnification
5.1 DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, MWANI ZANZIBAR MAKES THE FOLLOWING DISCLAIMERS OF WARRANTIES. MWANI ZANZIBAR DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE SERVICE. MWANI ZANZIBAR DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL MADE AVAILABLE THROUGH THE SERVICE. MWANI ZANZIBAR PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. MWANI ZANZIBAR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MWANI ZANZIBAR FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. MWANI ZANZIBAR FURTHER DISCLAIMS ANY WARRANTIES RELATING TO ANY INFORMATION OBTAINED THROUGH THE SERVICE.
5.2 LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MWANI ZANZIBAR BE LIABLE TO ANY USER OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH DAMAGES OR A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIM AVAILABLE UNDER APPLICABLE LAW, EVEN IF MWANI ZANZIBAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY ANY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH REGARD TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH THE SERVICE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, LOSS OF BUSINESS GOODWILL, LOSS OF REPUTATIONAL GOODWILL, OR OTHER SUCH DAMAGES. SUCH LIMITATION SHALL FURTHER APPLY WITH REGARD TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US).
5.3 INDEMNITY. YOU AGREE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MWANI ZANZIBAR AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY AND ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING ATTORNEYS’ FEES), PENALTIES AND/OR OTHER EXPENSES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SERVICE, OR YOUR VIOLATION OF THIS AGREEMENT.
Force Majeure. Under no circumstances shall MWANI ZANZIBAR be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver EXCEPT WHERE PROHIBITED BY LAW, YOU AND MWANI ZANZIBAR AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND MWANI ZANZIBAR (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, relating to the Service, any transaction or relationship between you and MWANI ZANZIBAR resulting from your use of the Service, communications between us, the information provided in connection with our Service, and INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY INTERNATIONAL, FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.
THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A TANZANIAN COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE ARBITRATION LAWS OF TANZANIA.
The following procedures shall apply:
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in Zanzibar, Tanzania, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 USD (if the claimant so chooses).
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MWANI ZANZIBAR, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SERVICE.
Governing Law; Jurisdiction and Venue
This Agreement will be governed by and construed in accordance with the laws of Tanzania, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement to be unenforceable, the remaining portion of this Agreement will continue in full force and effect.
Terms Termination
These Mobile Terms are effective until terminated either by MWANI ZANZIBAR or you. We, in our sole discretion, may suspend or terminate these Mobile Terms at any time with or without notice, and may deny you access to the Service.
Non-Assignability
You may not assign these Mobile Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Mobile Terms will be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against MWANI ZANZIBAR arising from or relating to the use of the Service must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred.
Contact Us
If you have any questions about this Agreement, contact us at hello@mwanizanzibar.com