Terms of Use

These Terms of Use ("Terms") govern access to and use of Wacaracha, including the website located at wacaracha.com, related domains, applications, interfaces and services (collectively, the "Service").

Wacaracha is currently an independent online project operated by Ruslan Korolev, an individual located in Botswana (the "Operator", "Wacaracha", "we", "us" or "our").

By accessing, registering with, posting content on, or otherwise using the Service, you agree to these Terms. If you do not agree to these Terms, you must not use the Service.

1. What Wacaracha Is

Wacaracha is an online technology platform intended to help people and businesses publish, discover and access lawful offers for goods, services and other commercial opportunities in countries around the world.

Unless expressly stated otherwise for a particular feature, Wacaracha:

• does not own goods or services advertised by users;
• is not the seller, buyer, manufacturer, importer, distributor or supplier of user-listed goods or services;
• does not take possession of listed items;
• does not inspect, certify or guarantee listed goods or services;
• does not guarantee the identity, authority, solvency or reliability of any user;
• does not guarantee the legality, safety, quality, authenticity or availability of any item or service;
• does not guarantee that any transaction will be completed;
• is not an agent, broker or representative of a buyer or seller merely because they use the Service; and
• is not a party to agreements concluded independently between users or through third-party websites.

Unless Wacaracha expressly introduces a separate checkout or transaction service and provides additional terms governing it, transactions are concluded independently between users.

2. Free Service

At the effective date of these Terms, general use of Wacaracha may be provided free of charge. Wacaracha may introduce optional paid services, advertising tools, subscriptions or other commercial features in the future. Any payment obligations will be disclosed before the relevant purchase.

3. Eligibility

Subject to applicable law, any person who is at least 18 years old and legally capable of entering into binding agreements may create a Wacaracha account and open a shop or storefront on the Service.

A Wacaracha shop may be operated by an individual, sole trader, company, organization or other lawful seller. Creating a shop does not require the user to be a registered company unless applicable law or a particular Wacaracha feature requires otherwise.

If you use Wacaracha on behalf of a company, organization or another person, you represent that you have authority to act on their behalf.

4. User Accounts

Wacaracha may allow registration through a third-party authentication provider, including Google. Authentication through Google or another provider confirms only that the user can access the relevant third-party account. It does not mean that Wacaracha has independently verified the user's legal identity, age, address, business status, qualifications, licenses, products, services or trustworthiness.

You are responsible for:

• providing accurate account information;
• maintaining the security of your login credentials;
• activities performed through your account;
• promptly informing us if you believe your account has been compromised; and
• keeping account information reasonably up to date.

You may not impersonate another person or business or create accounts for fraudulent, misleading or unlawful purposes.

5. Shops, Seller Status and Verification

Any eligible user may create a shop or storefront and publish lawful offers through the Service, subject to these Terms.

Wacaracha may ask a seller to identify whether the shop is operated as an individual or as a business or professional seller. Unless Wacaracha expressly states otherwise, this status is based on information supplied by the seller.

Registration, creation of a shop, publication of listings, use of a Google account, or the appearance of a seller on Wacaracha does not constitute verification, certification, approval or endorsement by Wacaracha.

Unless a shop is explicitly marked as verified, seller identity and business information may not have been independently verified by Wacaracha.

Wacaracha may request additional identity, business, contact, tax, licensing or other information where reasonably necessary for fraud prevention, safety, legal compliance, dispute handling, or access to specific features. Certain transactional, payment, promotional or regulated features may require additional verification before they can be used.

6. User Content

Users may submit listings, descriptions, photographs, videos, prices, business information, contact details, messages, reviews and other materials ("User Content").

You retain ownership of intellectual property rights you lawfully hold in your User Content.

By submitting User Content to the Service, you grant Wacaracha a non-exclusive, worldwide, royalty-free license to host, store, reproduce, technically modify, resize, translate, format, display, distribute and make the User Content available as reasonably necessary to operate, improve, secure and promote the Service and the relevant listing.

You represent and warrant that:

1. you have the right to publish the User Content;
2. the information you provide is not materially false or misleading;
3. your listing complies with laws applicable to you and to the location in which the product or service is offered;
4. you possess any licenses, registrations, approvals or authorizations required for the relevant activity;
5. the listing does not infringe intellectual property, privacy, publicity or other rights of third parties; and
6. you will comply with applicable consumer protection, product safety, tax, customs, sanctions, import/export and other regulatory requirements.

Because Wacaracha operates internationally, laws may differ substantially from one country to another. Users are responsible for determining whether their listings and transactions are lawful in the jurisdictions relevant to them.

7. Content Moderation

Wacaracha seeks to provide a useful and safe platform. We may use manual review, automated systems, user reports, spam detection, fraud signals and other reasonable moderation tools to identify content that may violate these Terms or applicable law.

Wacaracha does not undertake to review every listing before publication and does not guarantee that all illegal, misleading, offensive, dangerous or prohibited content will be detected.

The presence of content on Wacaracha does not mean that Wacaracha has reviewed, approved, verified or endorsed it.

Voluntary moderation does not create a contractual obligation to continuously monitor every user, listing, communication or transaction.

8. Reporting Illegal Content, Scams or Abuse

Anyone may report potentially illegal, fraudulent or prohibited content to abuse@wacaracha.com or through any reporting functionality provided on the Service.

A report should, where reasonably possible, include:

• the exact URL or other location of the content;
• a description of the alleged violation;
• why the reporter believes the content is illegal or violates these Terms;
• relevant supporting information or evidence;
• the reporter's contact information, where appropriate; and
• a good-faith confirmation that the report is accurate to the best of the reporter's knowledge.

Where appropriate, Wacaracha may:

• remove content;
• disable access to content;
• restrict visibility;
• request corrections or additional information;
• suspend or terminate an account;
• preserve relevant records;
• warn users;
• refer matters to appropriate authorities; or
• take no action where the report does not establish a violation.

9. Urgent Safety Matters

Wacaracha is not an emergency service. If you believe a person is in immediate danger or a serious crime is taKorolev place, contact the appropriate emergency or law-enforcement authority in the relevant country.

10. Appeals

Where reasonably available, a user whose content or account has been restricted may request reconsideration by contacting support@wacaracha.com.

11. Cooperation With Authorities

Wacaracha is committed to legitimate efforts to combat fraud, exploitation, illegal commerce and serious criminal activity.

We may preserve or disclose information when required or permitted by applicable law, including in response to legally valid requests, orders, warrants, subpoenas or other binding legal process from competent authorities.

Where appropriate and legally permitted, we may:

• verify the authority and scope of a request;
• request clarification;
• reject or challenge requests that appear invalid, unlawful or excessively broad; and
• notify affected users unless prohibited by law or doing so could create a serious risk.

Nothing in these Terms promises unrestricted or automatic access to user data by any government or law-enforcement authority.

12. Transactions Between Users

Each user is solely responsible for deciding whether to transact with another user.

Before completing a transaction, users should independently verify any information they consider important, including:

• seller identity;
• product condition and authenticity;
• ownership;
• licenses and authorizations;
• delivery terms;
• warranties;
• price and payment arrangements;
• taxes and customs charges;
• return rights; and
• compliance with local law.

Any dispute arising from a transaction between users is primarily a dispute between those users unless applicable law provides otherwise.

13. Third-Party Websites and Services

Listings may contain links to websites or services operated by third parties. Wacaracha does not control those services and is not responsible for their content, availability, privacy practices, security or contractual performance.

14. Intellectual Property Complaints

Rights holders may report allegedly infringing content to legal@wacaracha.com.

A report should identify:

• the protected work, trademark or other right;
• the allegedly infringing listing or URL;
• the basis of the claim;
• the reporter's identity and authority to act; and
• reliable contact information.

15. Suspension and Termination

We may restrict, suspend or terminate access to the Service where reasonably necessary because of:

• violations of these Terms;
• illegal activity;
• repeated prohibited listings;
• fraud or attempted fraud;
• threats to users or the Service;
• intellectual property violations;
• attempts to evade previous enforcement;
• abuse of reporting systems;
• legal obligations; or
• serious security risks.

16. No Endorsement of User Content

User Content represents the statements and activities of the user who submitted it. Wacaracha does not adopt User Content as its own merely by hosting, indexing, translating, formatting, displaying, recommending or maKorolev it searchable.

17. Service Availability

We aim to keep the Service useful and available but do not guarantee continuous or error-free operation. Features may be added, changed, suspended or removed.

18. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available".

Wacaracha makes no warranty that:

• every user is who they claim to be;
• listings are accurate;
• products are genuine, lawful, safe or suitable;
• sellers possess all required licenses;
• transactions will be completed;
• users will comply with the law;
• the Service will be uninterrupted or error-free; or
• moderation systems will identify every violation.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

19. Responsibility for User Content

Users are responsible for the content they submit and the activities they conduct through the Service.

To the maximum extent permitted by applicable law, Wacaracha is not responsible for unlawful, misleading, infringing, offensive, fraudulent or otherwise improper content submitted by independent users merely because that information is hosted or displayed through the Service.

This provision does not limit any obligation imposed on Wacaracha by applicable law after Wacaracha obtains legally relevant knowledge or notice concerning specific unlawful content.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Wacaracha and the Operator will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, business, opportunity, reputation or data, arising from:

• User Content;
• transactions between users;
• third-party products or services;
• fraudulent conduct of users;
• interruption of the Service;
• unauthorized access caused by circumstances outside our reasonable control; or
• reliance on information published by another user.

Where liability cannot legally be excluded, and unless applicable mandatory law requires otherwise, the aggregate liability of Wacaracha and the Operator arising from the Service will be limited to the greater of:

1. the amount the claimant paid directly to Wacaracha during the 12 months preceding the event giving rise to liability; or
2. USD 100.

21. Business User Indemnity

If you use Wacaracha for business or professional purposes, then, to the extent permitted by applicable law, you agree to indemnify and hold harmless the Operator from third-party claims, losses and reasonable expenses arising directly from your unlawful listings, infringement of third-party rights, fraud, intentional misconduct, products or services you sell, or material breach of these Terms.

22. Privacy

Our collection and use of personal information is governed by the Wacaracha Privacy Policy. By using the Service, you acknowledge that personal information may be processed as described in that policy.

23. Changes to These Terms

We may update these Terms to reflect changes to the Service, applicable law, safety requirements, security requirements or reasonable operational changes. The current version will be published on the Service with its effective date.

24. Governing Law and Disputes

These Terms and your use of Wacaracha are subject to applicable law. To the extent permitted by applicable law, disputes involving the Operator shall be governed by the laws of Botswana.

Nothing in these Terms limits mandatory consumer, data-protection or other statutory rights that cannot lawfully be excluded or restricted.

Subject to mandatory rules applicable to a user, disputes shall be submitted to the competent courts of Botswana.

25. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law.

26. Entire Agreement

These Terms, including the prohibited content and items rules contained within them, together with the Wacaracha Privacy Policy and any additional terms expressly applicable to a particular feature, constitute the agreement governing use of the Service.

Prohibited Content and Items

The following rules form part of these Terms of Use. Wacaracha is intended for legitimate and lawful commercial activity. Users must not use the Service to offer, request, promote, distribute or facilitate prohibited content, products or activities.

1. Sexual and Exploitative Content

• pornography and explicit sexual content;
• sexual services;
• sexual exploitation;
• content involving or sexualizing minors;
• child sexual abuse material; and
• human trafficKorolev or exploitation.

2. Violence and Dangerous Activity

• credible threats of violence;
• content primarily intended to facilitate serious violence;
• instructions or offers intended to facilitate violent criminal activity;
• promotion or facilitation of terrorism or violent extremist activity.

3. Weapons

• firearms;
• ammunition;
• explosives;
• bombs or explosive devices;
• prohibited weapon components; and
• other weapons whose sale or distribution is prohibited by Wacaracha or applicable law.

4. Drugs and Controlled Substances

• illegal drugs;
• controlled substances offered without lawful authorization;
• recreational narcotics;
• products primarily intended to facilitate illegal drug consumption or distribution;
• unlawful prescription medicine transactions.

5. Fraud and Deceptive Activity

• scams;
• phishing;
• fraudulent investment schemes;
• pyramid or similar unlawful schemes;
• knowingly misleading offers;
• identity theft;
• payment fraud;
• falsified documents; and
• manipulation intended to unlawfully obtain money, goods or personal information.

6. Stolen, Counterfeit and Infringing Goods

• stolen property;
• counterfeit products;
• pirated products;
• unauthorized copies; and
• items that knowingly infringe trademarks, copyright, patents or other intellectual property rights.

7. Illegal and Unsafe Goods

• goods prohibited by applicable law;
• unlawfully imported or exported goods;
• unlawfully obtained personal information;
• human organs or unlawful human biological materials;
• hazardous materials where sale or transport is prohibited;
• products subject to a mandatory recall where resale is prohibited;
• illegal surveillance or hacKorolev products;
• malware or malicious software; and
• goods or services intended to evade sanctions, export controls or other legal restrictions.

This list is not exhaustive. Wacaracha may prohibit additional products, services or content where we reasonably believe that publication creates legal, fraud, safety, security or serious reputational risks.

Something being technically legal in one country does not create a right to list it on Wacaracha.

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