These Terms of Service (“Terms”) describe the commitments of Gershom Technology and Construction Co. Limited (“Gershom Technology,” “us,” “we,” or “our”), a company registered in Uganda, to you, and your rights and responsibilities when using our services. Please read them carefully. By accessing or using any part of our Services, you agree to be bound by these Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”).
1. Acceptance of Terms
ChoziShop-related products and services are intended for commercial use. You acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.
By accessing or using our Services, you agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes. If you do not agree to these Terms, do not use our Services.
2. Who’s Who
- "You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on that person’s or entity’s behalf.
- "Gershom Technology," "us," or "we" refers to Gershom Technology and Construction Co. Limited, the provider of the ChoziShop Services.
- "Services" refers collectively to the products and services we provide through or for https://www.chozishop.com, including the POS software, e-commerce platform, hardware, and support services.
3. Your Account and Security
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current.
- Account Responsibility: You are solely responsible and liable for all activity under your account. You are fully responsible for maintaining the security of your account, including keeping your password secure. We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
- Unauthorized Use: You must notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
- Privacy: For information on how we handle the data you provide us, please see our Privacy Policy.
4. Minimum Age Requirements
Our Services are not directed to children. You are not allowed to access or use our Services if you are under the age of 18, or the legal age of majority in your jurisdiction. If you are under the legal age of majority, you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
5. Fees, Payment, and Renewal
5.1. Fees for Paid Services
Some of our Services are offered for a fee, such as certain ChoziShop plans (e.g., Starter, Growth, Partner) or Hardware and configuration devices (collectively, “Paid Services”).
- Payment Terms: By using a Paid Service, you agree to pay the specified fees. For recurring fees (subscriptions), your subscription begins on your purchase date, and we will bill or charge you in the automatically-renewing interval (e.g., monthly, annually) you select, on a pre-pay basis until you cancel.
- Revenue-Based Fees: For fees based on transactions (e.g., payment platform fees), you pay us a percentage of the revenue your customer pays. These fees are ongoing.
- Taxes: All fees do not include applicable national, local, or other governmental sales, value-added (VAT), goods and services, or other taxes, fees, or charges (“Taxes”). You are responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases, and for complying with all tax obligations under the Laws of Uganda and your local jurisdiction.
- Payment Authorization: You authorize us to store your payment information and to charge any updated payment information provided by your bank or payment service provider if we cannot charge your primary payment method. If payment fails, we may immediately cancel or revoke your access to Paid Services without notice.
5.2. Automatic Renewal
By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is cancelled. You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period.
5.3. Refunds
We may have a refund policy for some of our Paid Services, and we will also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
5.4. Fees Collected by Store Owners
We are not responsible for refunding fees paid to a Store owner because those transactions are between Store owners and their users. If you would like to request a refund for a product purchased from a ChoziShop store, please contact the store owner directly.
6. Responsibility of Users and Prohibited Conduct
You are fully responsible for the Content available on your website/store, and any harm resulting from that Content. You represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement and all applicable laws and regulations in Uganda and your local jurisdiction.
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities.
- Will not infringe or misappropriate the intellectual property rights of Gershom Technology or any third party.
- Will not overburden or interfere with our systems or impose an unreasonable load on our infrastructure.
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code.
- Will not involve reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code for the Services.
6.1. Prohibited Products and Content
Your store is prohibited from listing or selling any of the following products or content:
- Illegal items in your country or the country of your customers.
- Firearms, ammunition, and weapons.
- Marijuana, illegal drugs, and drug paraphernalia.
- Tobacco products, e-cigarettes, and vaping products.
- Prescription drugs and pharmaceuticals.
- Live animals or illegal wildlife products.
- Hate speech, content that promotes discrimination, violence, or illegal acts.
- Pornography or sexually explicit materials.
- Counterfeit goods or intellectual property infringement.
7. E-commerce Services and Your Liability
If you use our E-commerce Services (e.g., payment integrations like Airtel Pay, MoMoPay), you are solely responsible for all of your e-commerce activities. This includes, but is not limited to:
- Complying with all applicable laws (e.g., consumer protection, automatic renewal disclosures).
- Accurately communicating product details, setting expectations, and fulfilling all commitments (delivery, support, refunds, returns).
- Payment of all applicable Taxes relating to your e-commerce activities.
- Maintaining fair and legally compliant return, refund, cancellation, and adjustment policies.
- Handling all questions, complaints, disputes (including chargebacks), refunds, reversals, or fines that arise from your use of E-commerce Services.
- Complying with Payment Card Industry Data Security Standard (PCI DSS) if applicable to you.
7.1. Third-Party Payment Provider Disclaimer
Gershom Technology facilitates the integration of third-party payment services (such as Airtel Pay, MoMoPay, and others) but is not the provider of these services. We are not responsible for any issues, errors, or failures that occur within the third-party payment systems. This includes, but is not limited to:
- Transaction failures due to incorrect user input (e.g., wrong PIN, incorrect phone number).
- Network or system outages of the payment provider (e.g., telecom company).
- Delays in fund transfers or settlement.
- Any disputes related to the payment provider's service terms or fees.
You acknowledge and agree that any such issues must be resolved directly with the respective third-party payment provider.
8. Hardware (Point-of-Sale Terminals)
- As-Is Warranty: These POS terminals are manufactured by third parties and are provided “as-is” and “with all faults.” Neither we nor the third-party manufacturer offers you any warranty on these products.
- Shipping and Risk: You are responsible for all shipping and handling charges. Risk of loss for the POS terminal passes to you when the shipping carrier receives the terminal for delivery, and title transfers to you upon delivery. We are not liable for any delays in shipments.
- Final Sale: Unless a refund is required by law, there are no refunds for POS terminals and all transactions are final.
9. Intellectual Property
The Agreement does not transfer any Gershom Technology or third-party intellectual property to you. All right, title, and interest in and to such property remains solely with Gershom Technology.
- Content License: By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our Services and promoting your store.
- Copyright Policy: If you believe any Content violates your copyright, please see our Copyright Policy and send us a notice.
10. Disclaimers and Limitation of Liability
The Services are provided “as is.” Gershom Technology and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Gershom Technology nor its suppliers and licensors makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted.
Limitation of Liability: In no event will Gershom Technology, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:
- Any special, incidental, or consequential damages;
- The cost of procurement for substitute products or services;
- Interruption of use or loss or corruption of data; or
- Any amounts that exceed the fees paid by you to Gershom Technology under this Agreement during the twelve (12) month period prior to the cause of action.
Gershom Technology shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. Indemnification
You agree to indemnify and hold harmless Gershom Technology, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any e-commerce activities conducted through your store.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Laws of Uganda, without regard to its conflict of law provisions.
Any dispute arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be subject to the exclusive jurisdiction of the courts of Uganda.
13. Changes to the Terms
We may modify the Terms from time to time. If the changes are material, we will notify you through our Services or other communications. Any changes will apply on a going-forward basis, and the amended Terms will be effective immediately. By continuing to use our Services after we have notified you, you agree to be bound by the new Terms.
14. Termination
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
15. Miscellaneous
- Entire Agreement: This Agreement constitutes the entire agreement between Gershom Technology and you concerning our Services.
- Severability: If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement.
- Assignment: Gershom Technology may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
- Translation: In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
- Feedback: When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.