Terms & Conditions

1. INTRODUCTION

These Terms and Conditions govern your relationship with Exponent Technologies (a company registered in Zambia as Exponent Technologies Limited with company number 120180005887  and whose registered office is Plot 9812/166 John Soko Road, Nyumba Yanga – Lusaka, Zambia. Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not continue using or making orders from Exponent Technologies.

2. REVISIONS

We reserve the right to revise these Terms and Conditions from time to time as. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from NyamaYatu. These Terms and Conditions were last updated on [14^th May] 2020.

3. REGISTRATION

3.1. To order from Exponent Technologies, you must register with us. This is referred to as ‘set up an account’ throughout our Website and literature. However, this is not a credit account; payment will be required upon delivery of goods. This account can be set up by following the instructions on the Website.

3.2. To register with Exponent Technologies, you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.

3.3. You must ensure that the details provided by you on registration or at any time are correct and complete.

3.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website.

3.5. The personal and payment details you give to us are governed by a strict privacy policy – please see the separate document by clicking here.

4. PASSWORD AND SECURITY

4.1. When you register to use the Website, you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately.

4.2. If Exponent Technologies has reason to believe that there is likely to be a breach of security or misuse of the Exponent Technologies website, we may require you to change your password or we may suspend or cancel your account.

4.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account. You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.

5. PAYMENT

5.1. You must ensure that Exponent Technologies are provided with details of a valid credit or debit card bearing either the Mastercard, Visa, Visa Electron symbol. We accept no liability for card security if card details are emailed to us as email is by nature insecure.

5.2. Your credit card and payment details will not be held on our system. Your card will be charged for the goods which you have ordered at point of purchase. We cannot, however, accept any liability for how long it takes the bank to process the payment.

5.3. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.

5.4. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your orders via our Website. You must contact us to arrange payment and wait for that payment to go through before you can make changes to your order through the Website again. You can, however, change orders by calling or emailing us (contact details are on the Website), during our office opening hours and subject to our order deadlines.

6. PRODUCT PURCHASES

6.1. You must be over the age of eighteen to purchase products from Exponent Technologies.

6.2. You may submit orders for products by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

6.3. Your submission of an order amounts to an offer to enter a contract to buy the products from us, you cannot then withdraw or cancel your order except as stated below.

6.4. No order is accepted from you until our Website displays an order confirmation message. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of products to you arises on our acceptance of your order.

6.5. Where we accept an order, we do all that we can to ensure that your order is fulfilled. products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.

6.6. Subject to clauses 6.7 and 6.10. below, the price that we charge you for the products will be the price stated by us on the Website prior to you clicking the ‘place order’ button.

6.7 All products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a ‘subscription’ customer (e.g. where you choose to have repeat orders of products) the prices for certain products may therefore differ from the price for those Products when first ordered by you. The prices for all Products ordered on a subscription basis shall be those prices for the products stated on our Website. We recommend that you check the Website regularly. The Website still allows you to review all the products (and their prices) that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website.

6.8. Some of our products are priced by weight. We show the prices for weights on the Website. The guide weight is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of product delivered.

6.9. Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you the day before delivery and obtain some of the products especially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 8.3 below in so far as the order is for non-perishable Products.

6.10. Despite the above provision, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.

6.11. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products.

6.12 All prices for Products are inclusive of any applicable VAT.

7. DELIVERY OF PRODUCTS AND INSPECTION BY YOU

7.1. A third-party courier will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to offer delivery to all locations and we will tell you when you apply to register an account with us whether our third-party courier can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website.

7.2. If our third-party courier is unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for products unless or until our third-party courier have delivered them to you.

7.3. We will not charge you for incorrect products (products that you have not ordered and substitutes for those products which substitutes are not acceptable to you) or products which our third-party courier have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect products or the products not so delivered subject as provided in paragraph 10 below.

7.4. You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 14.  

8. EXCLUDED SERVICES

8.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the website.

9. AVAILABILITY OF THE WEBSITE

9.1. Although Exponent Technologies aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

9.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can.

10. CANCELLATION RIGHTS

10.1. Exponent Technologies may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

10.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using Exponent Technologies.

10.3. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.

11. WARRANTIES AND LIABILITIES

11.1. Whilst Exponent Technologies tries to ensure that material included on the website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavors, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), Exponent Technologies may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience  with the website.

11.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 

11.3 We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products.

11.4. The warranty in paragraph 11.3 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession.

11.5. We will not be liable to you by way of representation, common law duty or under any express or implied term of the contract for:

• any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;
• any losses which are not caused by any breach by us; or
• business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).

11.6. Subject to the provisions of paragraph 11.3 and 11.7, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question.

11.7 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.

11.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

12. APPLICABLE LAW

12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Zambia.

12.2. The Zambian courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions. 

13. MISCELLANEOUS

13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

14. AMENDMENTS

We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our website in place of these. The changes will apply to the use of the Exponent Technologies website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Exponent Technologies or use the Exponent Technologies website. If you continue to use Exponent Technologies website after the date on which the change comes into effect, your use of the Exponent Technologies website indicates your agreement to be bound by the new Terms and Conditions.