This website is operated by Dark Brew Trading Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Dark Brew Trading Ltd. Dark Brew Trading Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ELIGIBILITY
Use of the Website and its services are available only to persons who can form legally binding contracts with us. Persons who are “incompetent to contract” within the meaning of the Zambian law including minors are not eligible to use the Website. If you are under the age of 18 years, you shall not directly register with us unless you have an adult supervising/ accompanying you to transact with us. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Dark Brew Trading Ltd reserves the right to terminate your request and / or refuse to provide you with services if it is brought to Dark Brew Trading Ltd notice or if it is discovered that you are under the age of 18 years.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
GENERAL
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
This website with the URL dark-brew.com (“Website”) is owned and operated by Dark Brew Trading Ltd. All rights in relation to and/or arising out of this website and/or its contents, including copyright & trademark are owned by the Company and/or its Affiliates. Any use of this website or its contents, including copying or storing any data from the website (including without limitation graphics, code etc.) in whole or part without the express permission of Dark Brew Trading Ltd is prohibited.
The services offered through this website are distinct and as such all services offered at the physical stores may not be available on the website; and therefore the services offered through this website are governed solely by the terms and conditions, warranties and representations expressly mentioned in this terms and conditions.
By subscribing to and/or using and/or continued use of this Website and/or any services provided therein, You agree that You have read, understood and are bound by the Terms and Conditions, regardless of how you subscribe to and/or use the Website and/or services. If you do not want to be bound by these Terms and Conditions then, you must not subscribe to and/or use the services and/or must discontinue accessing and/or using the Website, forthwith.
These Terms and Conditions, including without limitation any subsequent modifications / revisions thereto, other policies of the Company and applicable laws (including without limitation the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011) are binding upon You in law. Your continued use of the Website and/or services, after effecting changes to these Terms and Conditions by the Company, shall constitute a complete and overall affirmation and an unqualified acceptance of the modified Terms and Conditions.
Except as otherwise specifically provided elsewhere in this Website, the redistribution, retransmission, republication or commercial exploitation of the contents of this Website without the written consent of Dark Brew Trading Ltd and/or any copyright owner from whom we have obtained any license (express or implied), is expressly prohibited.
All rights not expressly granted herein to a user, are reserved. Downloading/copying/saving any information, content or images from this Website does not transfer any right or ownership of such information, content or images to You, and/or any other person not specifically authorized by the Company and/or such licensor and such downloading/ copying/saving shall also be subject to these Terms and Conditions. Such information, content or images shall be used solely in accordance with these Terms and Conditions and in accordance with law. You may not mirror and/or archive any part of this Website and/or any material contained in and/or posted on this Website on any server or computer without the express written permission from Dark Brew Trading Ltd .
We reserve the right of any kind to change or update the policies contained herein, at any time without notice. Such changes shall be effective immediately upon posting on the Website. We reserve the right to modify the privacy statement / policy at any time, so please review it frequently. When we make material changes to privacy policy, we will upload the revised Privacy Policy on the website.
USER CONDUCT AND RULES
You agree and undertake to use the website and the services therein, in conformance with the following rules:
(a) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
(b) You shall not attempt to gain un-authorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
(c) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site
You agree to only post and/or upload messages/material/information that is proper and/or in compliance with the Terms and Conditions herein. You shall not host, display, upload, post, modify, publish, transmit, distribute, update, share or disseminate information that:
- Belongs to another person and to which the you do not have any right to;
- Is grossly harmful ,blasphemous ,defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, or racially ethnically objectionable, disparaging, relating to and/or encouraging money laundering or gambling, abuses, harasses, stalks, threatens or otherwise violates the legal rights of others, and/or otherwise unlawful in any manner;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Harms minors in any way;
- Upload files that contain software or other material; infringes any patent, trademark, copyright or other proprietary rights;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs designed to and/or which may interrupt, destroy, limit, damage the operation/functionality of the Website or another’s computer or another’s compute resource;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another User of a Service that you know, or reasonably should know and/or a file which cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Violates any code of conduct or other guidelines, which may be applicable for and/or to any particular Service;
- Violates any laws or applicable regulations for the time being in force, in or outside Zambia;
- Violates, abuses, unethically manipulates or exploits the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere; and
- Threatens the unity, integrity, defence, security or sovereignty of Zambia, friendly relations with foreign states or may threaten public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other country/nation/state;
- The company reserves the right to vet the information posted on the reviews page of the site.
The Company reserves the right to filter/refuse to post any material on the Dark Brew Trading site and/or to remove material already posted on the Website, at its sole discretion. In case of non-compliance with these Terms and Conditions, user agreement, privacy policy and/or any applicable law, The Company has the right to immediately terminate Your/User’s access or usage rights and remove non-compliant information. You must not try to re-post material which we have refused to post on the Website or have previously removed from the Website.
You will be responsible/liable for all losses, costs, expenses, damages, incurred by and/or awarded against Us as a result of Your non-compliance with the Terms & Conditions contained in this Website and/or violation of any law in force at the relevant time period, including without limitation any or all sums paid by us as a result of any settlement agreed by us arising out or in connection with any act and/or omission on Your part.
AVAILABILITY OF THE WEBSITE
We aim to offer you the best service possible; we do not warrant that the services available on this website will be uninterrupted, timely or error free. You therefore agree to indemnify us, our employees, agents and affiliates against any loss or damage caused in whatsoever manner from any interruption, delay and/or error in such services and/or in the hosting/availability of the website. You may report any error that may occur in the availability of the website and/or services by emailing to us at admin@dark-brew.com / darkbrewltd@gmail.com; we will attempt to rectify the error as soon as reasonably possible, provided the same can be rectified.
Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities/services/products. We will attempt to restore the availability of the website, as soon as reasonably possible.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We have made every effort to display as accurately as possible the colors of our products that appear at the site. However, as the actual colors you see will depend on your monitor the camera it is captured upon, lighting conditions on site etc. Therefore we cannot guarantee that your monitor’s display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the site is not as described, your sole remedy is to contact us directly to schedule for a trial.
We have taken care to describe and show products as accurately as possible however, the products may vary from their description. If there is anything which you do not understand, or if you wish to obtain further information, please contact customer services on admin@dark-brew.com / darkbrewltd@gmail.com
AVAILABILITY
All products advertised on the website are subject to availability. For any reason beyond our reasonable control, we are unable to supply a particular product, we will not be liable to you for any damages and/or loss arising directly and/or indirectly.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
The term Intellectual Property Rights shall mean and include all rights associated with copyright, trademark, patent, design and geographical indication rights as per the applicable law. The term copyright shall have the same meaning and effect as is ascribed to it in The Copyright Act, 1957 and any rules made thereunder. The term trademark shall have the same meaning and effect as is ascribed to it in the Trade Marks Act, 1999 and Rules made thereunder. The term design shall have the same meaning and effect as is ascribed to it in The Designs Act, 2000 and rules made thereunder. The term geographical indications shall have the same meaning and effect as is ascribed to it in the Geographical Indications of Goods (Registration and Protection) Rules, 2002 and rules made thereunder. All other terms (including without limitation the term infringement) shall have the same meaning as is provided in the respective statutes mentioned herein.
Unless otherwise indicated to the contrary, all intellectual property rights in the content of this Website (including without limitation the company logo, graphics, and product designs etc.) is owned by the Company and/or its Affiliates and/or Partners except in case of graphics or product designs or copyrighted material of third party Products. All material on this site is copyrighted by Dark Brew Trading Ltd (© Dark Brew 2020). Dark Brew logo is a registered trademark. Client to confirm.
Any use, republication, modification or commercial exploitation of the contents of this Website, graphics, code, design, logo etc., in whole or part by you without the express permission of Dark Brew Trading Ltd and/or any intellectual property right owner from whom we have obtained any license (express or implied), is expressly prohibited. Any un-authorised use of this Website and/or its contents is prohibited.
You agree that you shall be liable for any such act or omission on your part, which in law constitutes an infringement of any patent, trademark, copyright or other intellectual property rights owned by the Company and/or its Affiliates and/or Partners and/or service providers.
You unconditionally agree that in the event you and/or any person authorised by you to use your User Account or information downloaded by you from this website, infringe any Intellectual Property Rights of Dark Brew Trading Ltd then you shall be liable for special, incidental and consequential damages and loss of profits accruing to Dark Brew Trading Ltd directly or indirectly by your such act of infringement.
This clause shall survive even after termination of the contract between the User and Dark Brew Trading Ltd .
LIMITATION OF LIABILITY
Dark Brew Trading Ltd , its shareholders, directors, officers, employees, and other representatives, shall not be liable for any special, incidental, inconsequential or consequential damages (including without limitation claims for lost data, delay and non-availability of product) or, loss of profits that may result from the distribution, and/or use of, and/or the inability to use and/or the non-availability of the website or content or materials or products or services available on the website, under any circumstance whatsoever.
Notwithstanding the same, in no event shall the total liability of Dark Brew Trading Ltd and/or its shareholders, directors, officers, employees, other representatives to the user/you and/or any person, entity, association of people claiming through or under you/user for all damages, losses, and/or otherwise any liability whatsoever (whether in contract, tort or otherwise) exceed the amount paid by you to Dark Brew Trading Ltd , if any, for accessing this website and/or for purchase of products available on the Dark Brew Trading Ltd website.
Without prejudice to the aforesaid, Dark Brew Trading Ltd and/or its shareholders, directors, officers, employees, and other representatives shall not be liable for any damage or, loss of profits that may arise from any manufacturing defect in any third party. The user agrees/accepts/confirms that any claim arising out of and/or relating to third party products have to be made by the user against the manufacturer directly.
This clause shall survive even after termination of the contract between the user and Dark Brew Trading Ltd .
DISCLAIMER
We make no representations or warranty of any kind, whether express or implied with respect to this site or its content, or, any product or service available on or promoted through this site except as specifically provided, including but not limited to any warranty of fitness for a particular purpose or merchantability, nor do we in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected.
This site and all of its content (including user-generated content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. to the fullest extent permitted by law of the country of operations, Dark Brew Trading Ltd , its affiliates, its service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site.
Without limiting the generality of the foregoing, Dark Brew Trading Ltd , its affiliates, and their service providers and licensors disclaim all representations and warranties
(a) of title, non-infringement, merchantability and fitness for a particular purpose;
(b) relating to the security of this site;
(c) that the content of this site is accurate, complete or current; or
(d) that this site will operate securely or without interruption or error.
We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Dark Brew Trading Ltd ’s computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website.
Dark Brew Trading Ltd does not endorse and is not responsible for statements, advice or opinions made by anyone other than authorised Dark Brew Trading Ltd spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in user-generated content and such statements, advice or opinions do not in any way reflect the statements, advice or opinions of Dark Brew Trading Ltd . We do not endorse and are not responsible for any statements, advice or opinions contained in social media, magazines, except the statements made by Dark Brew Trading Ltd authorised personnel to the extent the statements are not statements, advices and opinions expressed by and/or represented to be of persons other than Dark Brew Trading Ltd authorised personnel. We do not make any representations or warranties against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
This clause shall survive even after termination of the contract between the User and Dark Brew Trading Ltd .
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dark Brew Trading Ltd from and against any and all losses, liabilities, claims, damages, costs, expenses, suits, legal proceedings and otherwise howsoever (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Dark Brew Trading Ltd , arising out of, resulting from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. This clause shall survive even after termination of the contract between the User and Dark Brew Trading Ltd .
TERMINATION
Dark Brew Trading Ltd may in its sole and absolute discretion suspend or terminate your use of the Website or any Service or contract between you and Dark Brew Trading Ltd , in particular if you have breached, violated, abused, or unethically manipulated or exploited any clause of these Terms and Conditions or in any way otherwise acted unethically and/or illegally.
If Dark Brew Trading Ltd terminates your use of the Website or any Service, Dark Brew Trading Ltd may delete any content or other materials relating to your use of the Services and/or the Website and Dark Brew Trading Ltd will have no liability towards you or any third party for any such act.
You and Dark Brew Trading Ltd agree that even after termination of this Agreement/Terms and Conditions/Contract between You and Dark Brew Trading, You shall be liable to pay for any Service or Product that you have already Ordered and/or availed of and/or for which delivery has been made and that You shall be entitled only to those payments which are deemed accrued to You as per these Terms and Conditions.
GOVERNING LAW
These terms shall be governed by and constructed in accordance with the laws of Zambia without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Lusaka.
SEVERABILITY
If any provision herein is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.
REPORT ABUSE
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to admin@dark-brew.com / darkbrewltd@gmail.com
FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under this agreement which is due to an event beyond the control of such party including but not limited to an Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or human (man) made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
MISCELLANEOUS
Any notice to the Company must be sent to the following address:
Dark Brew Trading Ltd
darkbrewltd@gmail.com and admin@ dark-brew.com
Any notice sent by the company to the user shall be sent at the address provided by the User in the user Account information and/or Order form, as the case may be.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
This Website is developed and maintained by Dark Brew Trading Ltd . If you have any queries about these terms and conditions or any complaints or suggestions regarding this Website, please feel free to write to us at admin@dark-brew.com / darkbrewltd@gmail.com.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Lusaka, Zambia.
These Terms are effective from 2022 October 15.
