MAHALI SOKONI TRADING COMPANY LIMITED

CUSTOMER TERMS AND CONDITIONS

1. NATURE OF TERMS AND CONDITIONS AND APPLICABILITY

1. These terms and conditions are issued by Mahali Sokoni Trading Company Limited (hereinafter “MSTCL” or “we” or “us” “ourselves”) to MSTCL Customers (hereinafter “you” or “your” or “user” “yourself”).

2. These terms and conditions shall apply to all MSTCL Customers using services provided in SpringPlay eMarketplace platform, (hereinafter “SpringPlay”).

2. DISCLAIMER

1. Whilst every effort has been made by MSTCL, its affiliated companies, employees, suppliers, agents and or vendors to ensure Services is provided appropriately, MSTCL, its affiliated companies, employees, suppliers, agents and or vendors do not guarantee the availability of Services at all times or that Services will be uninterrupted or error free or accurate or secure or complete or meet your requirement.

2. We make no representations or warranties, whether expressed or implied, and assume no liability or responsibility for the proper performance of Services and Services are thus used at your own risk.

3. INDEMNIFICATION

You indemnify and holds us harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of Services offered, or the use of Services whether due to our negligence or not.

4. USE OF SERVICES

You may only use Services for lawful purposes and you warrant that you shall not:

1. use Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;

2. use Services to carry out or facilitate any illegal act of corruption, bribery, money laundry or any other unlawful act;

5. PRIVACY STATEMENT

1. MSTCL and all its associated companies are committed to respecting the privacy of your personal data. To demonstrate our commitment, MSTCL has created this Security and Privacy Statement in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.

2. MSTCL have implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an ongoing basis. MSTCL assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.

3. MSTCL does not distribute any of your personal information to third parties unless it's requested by you or it’s legally required to do so by a statute. For avoidance of doubt and clarity, MSTCL may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.

4. MSTCL reserves the right to amend or modify this Security and Privacy statement at any time in response to new privacy legislation.

6. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that we own the intellectual property rights on Services and that the unauthorized use thereof is expressly prohibited.

7. YOUR ACCOUNT

1. You may need your own SpringPlay account to use SpringPlay Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password, whether authorized or not.

3. In SpringPlay, products are sold for children, but they are sold to adults, who can purchase with any permitted payment method. Also, there are products that are designated for adults. By using SpringPlay services, for buying products and services, it is implied that you are of appropriate age and that you are responsible for any consequences thereafter.

4. MSTCL reserves the right to refuse service, terminate accounts, terminate your rights to use SpringPlay Services, remove or edit content, or cancel orders in its sole discretion and as governed by relevant laws and regulations.

8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MSTCL reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant MSTCL a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MSTCL and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MSTCL for all claims resulting from content you supply. MSTCL has the right but not the obligation to monitor and edit or remove any activity or content. MSTCL takes no responsibility and assumes no liability for any content posted by you or any third party.

9. RISK OF LOSS

All purchases of physical items from SpringPlay are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

10. RETURNS AND REFUNDS

Every Seller using SpringPlay to sell its products, will provide returns and refund policy for their products that will be displayed in their page. You are required to read and understand these policies before the order is placed. MSTCL will ensure the Sellers abide to their said policies without failure. Use RMA function in your account to submit your request for return and refund.

11. PRODUCT DESCRIPTIONS

MSTCL and Sellers using SpringPlay will be setting descriptions for their products and services. They will all attempts to be as accurate as possible. However, MSTCL and Sellers, does not warrant that product descriptions or other content in SpringPlay is accurate, complete, reliable, current, or error-free. If a product offered in SpringPlay is not as described, your sole remedy is to return it in unused condition.

12. PRICING

MSTCL and Sellers using SpringPlay will be setting prices for their products and services.

With respect to items sold in SpringPlay, it cannot be confirmed that the price of an item until you order. Despite best efforts, a small number of the items in the catalog may be mispriced. In case of misprice, generally MSTCL or Sellers of the products, at their discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

13. PAYMENTS

SpringPlay is connected to authorized Financial Providers in Tanzania. Through these financial providers, you can perform direct payments, through E-money, or load your account through SpringPlay Wallet, for products and services you purchase. Upon any Credit and Debit Transaction being effected, SpringPlay shall credit or debit your account the sum credited or debited accordingly. For any transaction, there will be notification that will be sent to you through email or any other means as provided in your account. You will be able to view transaction reports in your account at SpringPlay Wallets and/or Order sections.

14. CHARGES

3. All Charges are displayed as the product is being purchased in SpringPlay Website.

4. Charges are subject to applicable levies and taxes at the then prevailing rates.

5. All Charges payable by you in connection with the use of services in SpringPlay will be charged during the transaction.

15. CUSTOMER COMPLAINTS HANDLING MECHANISM

1. MSTCL has set a Support Center that handles all the issues and complaints emanating from services provided in SpringPlay.

2. Handling of your complaints will be done in the following way:

1. Submit your complaints:

1. Either, by opening a ticket in SpringPlay platform by clicking a ‘Contact Us’ button seen at bottom side of the platfor
2. Or, by calling support number +255 622 600 700, or sending email: contact-us@mahalisokoni.co.tz who will open a ticket and provide a ticket number.

1. The complaint will be received by dedicated support team and handled accordingly.
2. You will be able to follow up the status of resolution of the complaints in the SpringPlay’s support center section using your account and ticket number.

1. We will endeavor to resolve your complaints within shortest period possible, while keeping updating on the progress of resolution.

2. The Support Center will be working between 08:00 – 17:00hrs, Monday - Friday every week.

16. GENERAL

1. These terms and conditions will be governed by and construed in accordance with the laws of Tanzania, and you shall submit to the jurisdiction of Tanzanian Courts.

2. These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.

3. Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

4. These terms and conditions, as varied by us from time to time constitute the sole agreement between yourself and ourselves. Where a specific agreement has been signed between yourself and ourselves which contain similar terms and conditions the provision of such specific terms and conditions shall take precedent in the event of conflict or inconsistency.

5. These terms and conditions shall be for the benefit of MSTCL and may be waived by us in our discretion.

17. NOTICES

1. We are entitled to send information to you via EMAIL or any other means as provided in Your Account.

2. You should send any legal notice to us at our chosen address:

Director,

Mahali Sokoni Trading Company Limited,

P.O. Box 79146,

Dar Es Salaam – 14121,

Tanzania. Email: contact-us@mahalisokoni.co.tz

Phone: +255 622 600 700.