Terms and Conditions of Use
Welcome to sinemaiwacu.com
Welcome to sinemaiwacu.com (the “website or application”), owned and operated by SINEMA IWACU LTD (“we” “our”). We are a company registered in Rwanda with TIN 108831657, and our address is KIGALI, RWANDA KG741street , Kigali Rwanda. We are a subscription or per view service that provide our members (“you” “yourself” “Users”) with access to content including but not limited to access to motion pictures, TV shows and other audio-visual entertainment (“content”) delivered over the Internet, to Internet-enabled devices.
Sinema Iwacu ltd is Commercial Services (Tin 108831657) provide website features and other products related motion pictures and services to you when you visit or shop at sinemaiwacu.com (the “website”), use sinemaiwacu products or services, use sinemaiwacu applications for mobile, or use software provided by sinemaiwacu in connection with any of the foregoing (collectively ” sinemaiwacu Services”). The sinemaiwacu Services include the information, content, products and software included on or otherwise made available to you through the sinemaiwacu Services and references to the sinemaiwacu Services in these Conditions of Use & Sale include any or all of these. sinemaiwacu provides the sinemaiwacu Services and sells our products to you subject to the conditions set out on this page. ” sinemaiwacu ltd” is registered business names for SINEMA IWACU LTD
Conditions of Use
Please read these conditions carefully before using sinemaiwacu Services. By using sinemaiwacu Services, you agree to be bound by these conditions. We offer a wide range of sinemaiwacu Services, and sometimes additional terms may apply. When you use a sinemaiwacu Service (for example sinemaiwacu applications for mobile), you will also be subject to the terms and conditions and policies applicable to that sinemaiwacu Service (“Service Terms”).
- ELECTRONIC COMMUNICATIONS
When you use any sinemaiwacu Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other sinemaiwacu Services, such as our Message Centre. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- COPYRIGHT AND OTHER RIGHTS
All content included in or made available through any sinemaiwacu Service, such as text, audio-visual, movies, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of sinemaiwacu or its content suppliers and is protected by Rwandan and international copyright and authors’ rights laws and (where applicable) database right laws.
Other than to the extent necessary to use any sinemaiwacu Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any sinemaiwacu Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of any sinemaiwacu Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any sinemaiwacu Service or its content without our express written consent.
Logos, page headers, button icons, scripts, and service names included in or made available through any sinemaiwacu Service are trademarks or trade dress of sinemaiwacu. Sinemaiwacu’s trademarks and trade dress may not be used in connection with any product or service that is not sinemaiwacu’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits sinemaiwacu. All other trademarks not owned by sinemaiwacu that appear in any sinemaiwacu Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by sinemaiwacu. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of sinemaiwacu without our express written consent. You may not use any meta tags or any other “hidden text” utilising sinemaiwacu’s names or trademarks without our express written consent.
- RIGHTS OF ACCESS AND USE
sinemaiwacu or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the sinemaiwacu Services. The right granted to you does not include any license or permission to use the sinemaiwacu Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any sinemaiwacu Service or any part thereof.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by sinemaiwacu or its licensors, suppliers, publishers, rights holders, or other content providers.
You may not misuse the sinemaiwacu Services. You may use the sinemaiwacu Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by sinemaiwacu under these Conditions of Use terminate if you do not comply with this Section.
- YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Your Account area of the website.
You may not use any sinemaiwacu Service: (i) in any way that causes, or is likely to cause, any sinemaiwacu Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an sinemaiwacu Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the sinemaiwacu Service, the circumstances and our assessment of relevant factors. Suspension or termination of an sinemaiwacu Service may occur in connection with, or result in suspension or termination of other sinemaiwacu Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each sinemaiwacu Service, cease using any sinemaiwacu Service, terminate your account or the sinemaiwacu Service, or remove or edit certain content and material you post (each as permitted by that sinemaiwacu Service).
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) sinemaiwacu a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) sinemaiwacu, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to sinemaiwacu, at our request.
You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify sinemaiwacu for all claims brought by a third party against sinemaiwacu arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
- INTELLECTUAL PROPERTY CLAIMS
sinemaiwacu respects the intellectual property of others. If you believe that an item or information on any sinemaiwacu Service infringes your intellectual property rights, please contact us immediately to take immediate action.
- DISCLAIMER AND LIABILITY
Unless otherwise specified in writing, sinemaiwacu disclaims, and does not make, any representation or warranty of any kind in respect of the sinemaiwacu Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the sinemaiwacu Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the sinemaiwacu Services.
sinemaiwacu will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any sinemaiwacu Services), (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an sinemaiwacu Services, we limit our liability to the amount you have paid to us for the relevant sinemaiwacu Service.
Nothing in these conditions is intended to (i) override any express commitments sinemaiwacu gives to you for particular sinemaiwacu Services (for example, commitments sinemaiwacu gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Rwandan Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.
Sinema iwacu promises to never upload or distribute obscene content like pornographic materials to its users.
- APPLICABLE LAW
This Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Rwanda. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.
- SINEMAIWACU SERVICES
We reserve the right to cease providing any sinemaiwacu Service to you, to discontinue any sinemaiwacu Service and to make changes to any sinemaiwacu Services at any time. Your access to sinemaiwacu Services may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.
We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the sinemaiwacu Services. You may at any time, cease using any sinemaiwacu Services, terminate your account or the relevant sinemaiwacu Service.
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the sinemaiwacu Services only with the involvement of a parent or guardian.
- OUR CONTACT DETAILS
- For general inquiries:Contact us
- Address for service of notices for sinemaiwacu LTD: PO BOX 3047 KIGALI
Contact information relating to other sinemaiwacu Services or the Affiliate that provides the Service may differ and can be found in the relevant Service Terms.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to sinemaiwacu the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify sinemaiwacu for all claims brought by a third party against sinemaiwacu arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to sinemaiwacu may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
- ADDITIONAL SINEMAIWACU SOFTWARE TERMS
- Use of the sinemaiwacu Software.You may use sinemaiwacu Software solely to use and enjoy the sinemaiwacu Services as provided by sinemaiwacu, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the sinemaiwacu Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the sinemaiwacu Software or otherwise assign any rights to the sinemaiwacu Software in whole or in part. You may not use the sinemaiwacu Software for any illegal purpose. We may cease providing any sinemaiwacu Software and we may terminate your right to use any sinemaiwacu Software at any time. Your rights to use the sinemaiwacu Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain sinemaiwacu Software that are specifically identified in related documentation may apply to that sinemaiwacu Software (or software incorporated with the sinemaiwacu Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any sinemaiwacu Service is the property of sinemaiwacu or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.
- No Reverse Engineering.Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the sinemaiwacu Software, whether in whole or in part, or create any derivative works from or of the sinemaiwacu Software.
- Updates.In order to keep the sinemaiwacu Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Conditions of Sale
These Conditions of Sale govern the sale of products/services on sinemaiwacu.com by SINEMA IWACU Ltd (Tin 108831657) (trading as ” sinemaiwacu “) to you.
Please read these conditions carefully before placing an order for products or services sold by sinemaiwacu , by placing an order you agree to be bound by these conditions.
- CANCELLATION AND RETURNS POLICIES
Unless one of the exceptions listed below applies, you can cancel your order for a product/service at no cost any time before we send the link Confirmation relating to that product.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- a service if sinemaiwacu has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
STATUTORY RIGHTS AND REMEDIES
Our cancellation policy applies in addition to other rights and remedies a person may have under law including under the Rwandan Consumer Law.
- DELIVERY TIMES
All our products are virtual, and we deliver them immediately upon reception of payment, in your sinemaiwacu.com, which is preceded by an order-confirmation email.
- DISCLAIMER AND LIABILITY
Unless otherwise stated in writing, sinemaiwacu disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. sinemaiwacu will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product.
The disclaimers, exclusions, and any other limitations on sinemaiwacu’s liability in this Section do not override any express commitments sinemaiwacu gives to you (for example, in respect of Guaranteed Delivery).
Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Rwandan Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.
- APPLICABLE LAW
The laws of Rwanda govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Rwanda. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.
We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.
If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use sinemaiwacu.com with the involvement of a parent or guardian.