Conditions of use

Last updated: April 1, 2024

Welcome to easy-vend.com. Easy-vend.com and/or its affiliates (“Easy vend”) provide website features and other products and services to you when you visit or shop at easy-vend.com, use easy vend products or services, use easy vend applications for mobile, or use software provided by easy vend in connection with any of the foregoing (collectively, “Easy Vend Services”). By using the easy vend services, you agree, on behalf of yourself and others who use any service under your account, to the following conditions.

Please read these conditions carefully.

We offer a wide range of easy vend services, and sometimes additional terms may apply. When you use an easy vend service (for example, Your Profile, Gift Cards, Your Media Library, easy vend devices, or easy vend applications) you also will be subject to the guidelines, terms and agreements applicable to that easy vend service. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of easy vend services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use easy vend services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other easy vend services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any easy vend service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of easy vend or its content suppliers and protected by Malawi and international copyright laws. The compilation of all content included in or made available through any easy vend service is the exclusive property of easy vend and protected by MALAWI and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any easy vend service are trademarks or trade dress of easy vend in MALAWI and other countries. Easy vend’s trademarks and trade dress may not be used in connection with any product or service that is not easy vend’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits easy vend. All other trademarks not owned by easy vend that appear in any easy vend service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by easy vend.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, easy vend or its content providers grant you a limited, non-exclusive, non-transferable, non sub licensable license to access and make personal and non-commercial use of the easy vend services. This license does not include any resale or commercial use of any easy vend service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any easy vend service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by easy vend or its licensors, suppliers, publishers, rights holders, or other content providers. No easy vend service, nor any part of any easy vend service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of easy vend. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of easy vend without express written consent. You may not use any meta tags or any other “hidden text” utilising the easy vend name or trademarks without the express written consent of easy vend. You may not misuse the easy vend services. You may use the easy vend services only as permitted by law. The licenses granted by easy vend terminate if you do not comply with these Conditions of Use or any Service Terms.

ACCOUNT

You will need an easy vend account to use easy vend 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. Visit your account to manage your payment options. 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. Easy vend does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the easy vend services only with involvement of a parent or guardian. Alcohol listings on easy vend are intended for adults. You must be 18 years of age to purchase alcohol, or use any site functionality related to alcohol. Easy vend reserves the right to refuse service, terminate accounts, terminate your rights to use easy vend services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content and communications 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 content. Easy vend 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 easy vend a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable 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 easy vend and sub licensees 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 easy vend for all claims resulting from content you supply. Easy vend have the right but not the obligation to monitor and edit or remove any activity or content. Easy vend take no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Easy vend respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow Making Claims of Copyright Infringement.

RISK OF LOSS

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

RETURNS, REFUNDS AND TITLE

Easy vend do not take title to returned items. For more information about returns and refunds, please see our Returns Policy.

PRODUCT DESCRIPTIONS

Easy vend does not warrant that product descriptions or other content of any easy vend Service is accurate, complete, reliable, current, or error-free. If a product offered by an easy-vend vendor is not as described, your sole remedy is to request a refund and return it in an unused condition to the vendor.

PRICING

“Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or vendor.

APP PERMISSIONS

When you use apps created by easy vend you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any easy vend service if you are the subject of MALAWI sanctions or of sanctions consistent with MALAWI law imposed by the governments of the country where you are using easy vend services. You must comply with all MALAWI or other export and re-export restrictions that may apply to goods, software (including easy vend software), technology, and services.

OTHER BUSINESSES

Parties other than easy vend operate stores, provide services or software, or sell product lines through the easy vend services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from easy vend. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Easy vend does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE EASY VEND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EASY VEND SERVICES ARE PROVIDED BY EASY VEND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EASY VEND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EASY VEND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EASY VEND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EASY VEND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, EASY VEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EASY VEND DOES NOT WARRANT THAT THE EASY VEND SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EASY VEND SERVICES, EASY VEND’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EASY VEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EASY VEND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EASY VEND SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EASY VEND SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Easy vend service will be adjudicated in the courts in Blantyre, Malawi, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any easy vend service, you agree that applicable law, and the laws of Malawi, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and easy vend.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies and other documents, such as our vending plans, posted on this site. These policies also govern your use of easy vend services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Easy vend,
P.O. Box 30659,
Chichiri 3,
Blantyre,
Malawi.

ADDITIONAL EASY VEND SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with easy vend services (the “Easy Vend Software“).

Use of the Easy vend Software. You may use easy vend Software solely for purposes of enabling you to use the easy vend services as provided by easy vend, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the easy vend software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the easy vend software in whole or in part. All software used in any easy vend service is the property of easy vend or its software suppliers and is protected by Malawi and international copyright laws.
Use of Third Party Services. When you use the easy vend software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the easy vend software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the easy vend software at any time and without notice to you.
Conflicts. In the event of any conflict between these Conditions of Use and any other Easy-vend or third-party terms applicable to any portion of easy vend software, such as open-source license terms, such other terms will control as to that portion of the easy vend software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Easy vend accepts service of subpoenas or other legal process through physical delivery only. Subpoenas or other legal process may be served by delivering, and signing a SUBPOENA OR OTHER LEGAL PROCESS delivery note, to the following address:

Easy vend,
Namiwawa,
Plot: BW/651,
Blantyre.
Attn: Legal Department – Legal Process.

Please also note that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a vendor for vendor information; device serial number for easy vend devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent
Easy vend,
Legal Department,
P.O. Box 30659,
Chichiri 3,
Blantyre,
Malawi.
phone: (265) 0997-300-554
e-mail: copyright@easy-vend.com

Courier address:

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.