Effective Date: 1st December 2020
Last Updated: 7th December 2025

1. INTRODUCTION AND ACCEPTANCE OF TERMS

1.1 Agreement to Terms

Welcome to Ntchito.com (“Platform,” “Website,” “we,” “us,” or “our”). These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Ntchito.com governing your access to and use of our Platform, including all content, functionality, and services offered.

By accessing, browsing, registering for, or using Ntchito.com, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Refund Policy, which are incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Platform.

1.2 Eligibility

To use Ntchito.com, you must:

Be at least 18 years of age or the age of majority in your jurisdiction, whichever is older;
Have the legal capacity to enter into binding contracts under Malawian law;
Not be prohibited from using the Platform under any applicable laws or regulations;
Provide accurate, current, and complete information during registration and maintain the accuracy of such information.

If you are using the Platform on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” shall include both you individually and the entity you represent.

1.3 Modifications to Terms

Ntchito.com reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Changes will become effective immediately upon posting to the Platform, and the “Last Updated” date will be revised accordingly.

Your Responsibility: You are responsible for reviewing these Terms periodically. Continued use of the Platform following any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform immediately.

Material Changes: For material changes that significantly affect your rights or obligations, we will provide reasonable notice via email to registered users or through a prominent notice on the Platform at least 14 days before such changes take effect.

2. DESCRIPTION OF SERVICES

2.1 Platform Overview

Ntchito.com is an online platform that connects job seekers with employment opportunities, tenders, consultancies, grants, internships, and other professional opportunities in Malawi and the region. Our services include, but are not limited to:

For Job Seekers:
- Free and premium job search functionality;
- Access to job listings, tender notices, consultancies, grants, and internship opportunities;
- Job alerts and notifications;
- Career resources and guidance;
For Organizations and Advertisers:
- Posting job vacancies, tender notices, consultancy opportunities, and grant announcements;

2.2 Service Modifications

Ntchito.com reserves the right to:

Modify, suspend, or discontinue any aspect of the Platform or services at any time, with or without notice;
Introduce new features, functionalities, or limitations to existing services;
Change pricing structures for paid services with reasonable advance notice;
Remove or modify content, listings, or user-generated materials that violate these Terms or applicable laws.

We are not liable to you or any third party for any modification, suspension, or discontinuance of services, except as may be required by applicable consumer protection laws in Malawi.

3. USER ACCOUNTS AND REGISTRATION

3.1 Account Creation

To access certain features of the Platform, you must create a user account by providing:

Full legal name;
Valid email address;
Contact phone number;
Password meeting our security requirements;
Additional information as requested during the registration process.

You may be required to verify your email address or phone number before full account activation.

3.2 Account Types

Ntchito.com offers different account types, including:

Individual Job Seeker Accounts: For persons seeking employment, internships, tenders, consultancies, or other opportunities;
Organization/Employer Accounts: For companies, NGOs, government agencies, and other entities posting opportunities;

3.3 Account Security

You are solely responsible for:

Maintaining the confidentiality of your account credentials (username and password);
All activities that occur under your account, whether authorized by you or not;
Immediately notifying us of any unauthorized access to or use of your account;
Ensuring that you log out of your account at the end of each session, especially when using shared or public computers.

We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized account access that results from your negligence.

3.4 Accurate Information

You agree to:

Provide truthful, accurate, current, and complete information during registration and in all content you post on the Platform;
Promptly update your account information to maintain its accuracy;
Not impersonate any person or entity or misrepresent your affiliation with any person or entity;
Not create multiple accounts for fraudulent or abusive purposes.

We reserve the right to suspend or terminate accounts providing false, misleading, or fraudulent information.

3.5 Account Termination

You may terminate your account at any time by:

Using the account deletion feature in your account settings; or
Contacting our support team at info@ntchito.com.

Ntchito.com may suspend or terminate your account immediately, with or without notice, if:

You violate any provision of these Terms;
You engage in fraudulent, abusive, or illegal activity;
Your account has been inactive for a continuous period exceeding 24 months;
We are required to do so by law or court order;
We discontinue the Platform or specific services.

Upon termination, your right to access and use the Platform immediately ceases. We may retain certain information as required by law or for legitimate business purposes, as outlined in our Privacy Policy.

4. USER CONDUCT AND PROHIBITED ACTIVITIES

4.1 Acceptable Use

You agree to use Ntchito.com only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

In any way that violates any applicable national, regional, or local law or regulation of Malawi or any other jurisdiction;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform;
To impersonate or attempt to impersonate Ntchito.com, our employees, another user, or any other person or entity.

4.2 Prohibited Activities

The following activities are strictly prohibited on the Platform:

4.2.1 Fraudulent or Deceptive Practices

Posting fake, fraudulent, misleading, or non-existent job opportunities, tenders, or listings;
Creating false profiles or providing false information about your identity, qualifications, or organization;
Engaging in “phishing” or attempts to obtain sensitive personal or financial information from other users;
Posting pyramid schemes, multi-level marketing schemes, or other fraudulent business opportunities;
Misrepresenting salary ranges, job requirements, or employment conditions.

4.2.2 Discriminatory Practices

Posting job listings or content that discriminates based on race, ethnicity, color, religion, sex, gender identity, sexual orientation, national origin, disability, age, pregnancy, HIV/AIDS status, or any other characteristic protected under Malawian law (including the Employment Act, the Constitution of Malawi, and other applicable legislation);
Using discriminatory language or criteria in job descriptions, requirements, or communications;
Denying equal employment opportunities based on protected characteristics.

4.2.3 Illegal or Harmful Content

Posting content that promotes, facilitates, or instructs on illegal activities under Malawian law;
Distributing malware, viruses, or other malicious code;
Posting content involving child exploitation, human trafficking, or any form of modern slavery;
Sharing content that promotes violence, terrorism, or harm to individuals or groups;
Posting defamatory, libelous, obscene, pornographic, or offensive material;
Infringing upon intellectual property rights, including copyrights, trademarks, or patents.

4.2.4 Platform Abuse and Manipulation

Using automated systems, bots, scrapers, or other technological means to access, collect, or harvest data from the Platform without our express written permission;
Attempting to gain unauthorized access to any portion of the Platform, other users’ accounts, or computer systems or networks connected to the Platform;
Interfering with or disrupting the Platform’s operation, servers, or networks;
Circumventing, disabling, or otherwise interfering with security-related features or features that prevent or restrict use or copying of content;
Reverse engineering, decompiling, or disassembling any aspect of the Platform;
Creating multiple accounts to manipulate rankings, reviews, or other Platform features;
Engaging in “click fraud” or artificially inflating view counts, application numbers, or other metrics.

4.2.5 Spam and Unsolicited Communications

Sending unsolicited commercial messages, advertisements, or spam to other users;
Harvesting email addresses or other contact information for purposes of sending unsolicited messages;
Posting repetitive, duplicate, or irrelevant content;
Using the Platform primarily for advertising or promotional purposes unrelated to legitimate job seeking or recruitment.

4.2.6 Fee Evasion

Attempting to circumvent payment for services or features that require payment;
Directing users to external platforms to complete transactions that should occur on Ntchito.com;
Sharing account access with unauthorized users to avoid paying for additional accounts.

4.2.7 Misuse of Personal Information

Using personal information obtained through the Platform for purposes other than legitimate recruitment or job seeking;
Sharing, selling, or distributing other users’ personal information without their consent;
Contacting users for purposes unrelated to the opportunities posted on the Platform (e.g., marketing unrelated products or services);
Retaining candidate information beyond what is necessary for recruitment purposes.

4.3 Enforcement

Violation of any provision in this Section 4 may result in:

Immediate removal of offending content;
Suspension or termination of your account without refund;
Reporting to law enforcement authorities;
Legal action to recover damages;
Permanent ban from the Platform.

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Platform Content Ownership

All content on Ntchito.com, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, design elements, and the compilation thereof (collectively, “Platform Content”), is the property of Ntchito.com or its licensors and is protected by Malawian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License to Users

Subject to your compliance with these Terms, Ntchito.com grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Access and use the Platform for your personal, non-commercial use (for job seekers); or
Access and use the Platform for your internal business purposes related to recruitment (for organizations).

This license does not include any right to:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Platform Content;
Use Platform Content for commercial purposes outside the scope of services offered by Ntchito.com;
Remove or modify any copyright, trademark, or other proprietary notices.

5.3 User-Generated Content

5.3.1 Content You Post

Users may post, upload, or submit content to the Platform, including:

Job seeker profiles, resumes, CVs, cover letters, and application materials;
Job postings, tender notices, consultancy announcements, and other opportunity listings;
Comments, reviews, ratings, and feedback;
Messages and communications with other users.

(Collectively, “User Content”)

5.3.2 License Grant to Ntchito.com

By posting User Content on the Platform, you grant Ntchito.com a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right and license to:

Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the Platform services;
Use your User Content for promotional, marketing, and advertising purposes related to the Platform;
Sublicense these rights to third-party service providers who assist in operating the Platform.

This license continues even after you stop using the Platform or delete your account, except for personal data which will be handled according to our Privacy Policy.

5.3.3 Representations and Warranties

By posting User Content, you represent and warrant that:

You own or have the necessary rights, licenses, consents, and permissions to grant the license in Section 5.3.2;
Your User Content does not infringe, violate, or misappropriate any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
Your User Content complies with these Terms and all applicable laws;
You have obtained all necessary permissions from any individuals whose personal information or likeness appears in your User Content.

5.3.4 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. Ntchito.com:

Does not endorse any User Content or opinion, recommendation, or advice expressed therein;
Is not responsible or liable for any User Content;
Assumes no responsibility for monitoring User Content for inappropriate or unlawful material;
Has the right (but not the obligation) to remove, edit, or refuse to post any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.

5.4 Copyright Infringement Claims

Ntchito.com respects intellectual property rights. If you believe that content on the Platform infringes your copyright, please notify us with the following information:

A physical or electronic signature of the copyright owner or authorized representative;
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material and its location on the Platform;
Your contact information (address, telephone number, email address);
A statement that you have a good faith belief that the disputed use is not authorized;
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Send copyright infringement notices to: info@ntchito.com

5.5 Trademarks

“Ntchito.com” and associated logos, designs, and marks are trademarks or registered trademarks of Ntchito.com. Other trademarks, service marks, graphics, and logos used on the Platform may be trademarks of their respective owners. You are granted no right or license to use any trademarks without the prior written consent of the trademark owner.

6. JOB SEEKER TERMS

6.1 Profile

Job seekers may create profiles to the Platform. You agree that:

All information in your profile is accurate and truthful;
You will update your information regularly to maintain accuracy;
You have the right to share all information and documents you upload;
You understand that your profile may be visible to potential employers and recruiters;

6.2 Job Applications

When applying for opportunities through the Platform:

You authorize us to transmit your application materials to the posting organization;
You understand that we are not a party to any employment relationship or contract between you and any employer;
You release us from any liability arising from the application process or employment relationship;
You acknowledge that employers make their own hiring decisions independent of Ntchito.com.

6.3 Premium Services for Job Seekers

Premium subscriptions may offer enhanced features such as:

Job alerts and notifications;

Payment Terms:

Premium services require payment in advance;
Subscription fees are non-refundable except as specified in our Refund Policy;
Price changes will be communicated at least 14 days before the next billing cycle.

6.4 Job Seeker Responsibilities

As a job seeker, you agree to:

Use the Platform only for genuine job-seeking purposes;
Not use employer contact information for purposes other than legitimate job applications.

7. EMPLOYER AND ORGANIZATION TERMS

7.1 Posting Opportunities

Organizations may post job vacancies, tenders, consultancies, grants, internships, and similar opportunities. By posting, you represent and warrant that:

You have the authority to post on behalf of your organization;
All information in your posting is accurate, complete, and not misleading;
The opportunity is genuine and currently available;
Your posting complies with all applicable employment laws and anti-discrimination legislation in Malawi;
You will not use postings to collect resumes for purposes other than the stated opportunity;
You have obtained necessary internal approvals for the position or opportunity.

7.2 Posting Guidelines and Standards

All postings must:

Clearly state the position title, organization name, and location;
Provide accurate job descriptions, requirements, and responsibilities;
Include genuine salary information or salary ranges where applicable (concealing or misrepresenting compensation is prohibited);
Specify application deadlines and procedures;
Include legitimate contact information;
Comply with Malawian employment laws, including equal opportunity requirements.

Prohibited Posting Content:

Requests for upfront payments or fees from applicants;
Work-from-home schemes that are primarily commission-based without clear disclosure;
Positions requiring illegal activity;
Postings that are primarily advertisements for products or services rather than genuine opportunities;
Opportunities that violate visa or work authorization laws;
Positions with requirements that illegally discriminate under Malawian law.

7.3 Posting Fees and Duration

Posting fees vary by opportunity type, duration, and visibility level;
Standard posting duration is 14 days unless otherwise specified;
Fees are payable in advance and are generally non-refundable except as specified in our Refund Policy;
Postings may be renewed for additional periods upon payment of applicable fees;
We reserve the right to remove postings that expire or violate these Terms.

7.4 Candidate Information and Privacy

Employers accessing candidate information through the Platform agree to:

Use candidate information solely for legitimate recruitment purposes related to posted opportunities;
Comply with Malawian data protection laws and regulations;
Maintain the confidentiality and security of candidate information;
Not share, sell, or distribute candidate information to third parties without explicit consent;
Delete or destroy candidate information when it is no longer needed for recruitment purposes;
Respect candidates’ privacy preferences and opt-out requests.

7.5 Employer Verification

Ntchito.com may, but is not obligated to:

Verify the legitimacy of organizations posting opportunities;
Request documentation proving organizational registration, tax compliance, or business legitimacy;
Display verification badges or indicators for verified organizations;
Remove or refuse postings from organizations that cannot be adequately verified.

7.6 Recruitment Agencies

Recruitment agencies and employment placement firms may use the Platform subject to additional requirements:

Clear disclosure of agency status in all postings;
Transparency about whether the position is direct hire or contract/temporary;
Compliance with any licensing requirements for employment agencies under Malawian law;
Prohibition against charging job seekers placement fees (unless permitted by law and clearly disclosed).

8. PAYMENT TERMS

8.1 Pricing and Fees

Current pricing for services is available on the Platform. All fees are stated in Malawian Kwacha (MWK) unless otherwise specified. We reserve the right to:

Change our prices at any time;
Offer promotional pricing or discounts;
Provide different pricing for different user categories or service levels.

Price changes for existing subscriptions will be communicated at least 14 days before the next billing cycle.

8.2 Payment Methods

We accept payment through:

Mobile money (Airtel Money, TNM Mpamba, etc.);
Bank transfer;
Credit/debit cards (where available);
Other payment methods as designated on the Platform.

You agree to pay all fees using a valid payment method. You represent and warrant that you have the legal right to use any payment method you provide.

8.3 Authorization and Billing

By providing payment information, you:

Authorize us to charge your payment method for all fees incurred;
Authorize recurring charges for subscription services until cancelled;
Agree to promptly update payment information if it changes or expires;
Acknowledge that failure to pay may result in suspension or termination of services.

8.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties, excluding only taxes based on Ntchito.com’s net income. Where required by law, we will collect and remit applicable taxes.

8.5 Refunds

Refunds are governed by our Refund Policy, which is incorporated into these Terms by reference. Generally:

Services are non-refundable once accessed or used;
Exceptions apply in cases of non-delivery, duplicate charges, or technical errors as specified in the Refund Policy;
Refund requests must be submitted according to the procedures outlined in the Refund Policy.

8.6 Late Payment and Collection

If payment is not received when due:

Services may be immediately suspended or terminated;
We may charge late fees or interest as permitted by Malawian law;
We may engage collection agencies or pursue legal action to recover amounts owed;
You will be responsible for all costs of collection, including reasonable attorney fees.

9. THIRD-PARTY LINKS AND SERVICES

9.1 External Links

The Platform may contain links to third-party websites, services, or resources (“Third-Party Services”) that are not owned or controlled by Ntchito.com. These links are provided for convenience only.

9.2 No Endorsement

The presence of links to Third-Party Services does not imply endorsement, sponsorship, or recommendation by Ntchito.com. We:

Have no control over the content, privacy policies, or practices of Third-Party Services;
Are not responsible for examining or evaluating the content or accuracy of Third-Party Services;
Do not warrant the offerings of any Third-Party Services;
Assume no liability for your use of Third-Party Services.

9.3 Your Responsibility

You acknowledge and agree that:

Your use of Third-Party Services is at your own risk;
You should review the terms and privacy policies of any Third-Party Services you access;
Any transactions or interactions with Third-Party Services are solely between you and the third party;
Ntchito.com is not liable for any loss or damage arising from your use of Third-Party Services.

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you consent to:

Our collection and use of personal information as described in the Privacy Policy;
The transfer and processing of your information in accordance with the Privacy Policy;
Our use of cookies and similar tracking technologies as disclosed.

10.2 Data Protection Compliance

Ntchito.com is committed to complying with applicable Malawian data protection laws and regulations. We implement appropriate technical and organizational measures to protect personal information against unauthorized access, alteration, disclosure, or destruction.

10.3 Your Data Rights

Subject to applicable law, you have the right to:

Access your personal information we hold;
Request correction of inaccurate information;
Request deletion of your information (subject to legal retention requirements);
Object to or restrict certain processing of your information;
Receive a copy of your information in a portable format.

To exercise these rights, contact us at info@ntchito.com.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 “As Is” and “As Available” Basis

THE PLATFORM AND ALL SERVICES, CONTENT, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY MALAWIAN LAW, NTCHITO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT, SERVICES, OR INFORMATION;
WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
WARRANTIES REGARDING THE QUALITY OR SUITABILITY OF ANY OPPORTUNITIES, CANDIDATES, OR EMPLOYERS FOUND THROUGH THE PLATFORM.

11.2 No Employment Relationship Guarantee

Ntchito.com:

Does not guarantee that job seekers will find employment or other opportunities;
Does not guarantee that employers will find suitable candidates;
Is not responsible for the hiring decisions of employers;
Is not responsible for the conduct, quality, or performance of any users;
Does not conduct background checks, verify qualifications, or screen users (unless expressly stated for specific services).

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY MALAWIAN LAW, NTCHITO.COM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

11.3.1 Indirect Damages

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business opportunities;
Loss of data or information;
Loss of goodwill or reputation;
Cost of substitute services;
Personal or professional injury arising from use of the Platform.

11.3.2 Direct Damages Cap

ANY DIRECT DAMAGES EXCEEDING THE GREATER OF:

The amount you paid to Ntchito.com in the 12 months preceding the event giving rise to liability; OR
MWK 100,000 (One Hundred Thousand Malawi Kwacha).

11.3.3 User Interactions

ANY DAMAGES ARISING FROM:

Interactions, communications, or transactions between users;
The conduct, actions, or omissions of any user;
Employment relationships or contracts between job seekers and employers;
Disputes between users.

11.3.4 External Factors

ANY DAMAGES ARISING FROM:

Unauthorized access to or alteration of your transmissions or data;
Viruses, malware, or other harmful components transmitted through the Platform;
Service interruptions, delays, or failures;
Third-Party Services or content.

11.4 Applicability of Limitations

These limitations apply:

Whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis;
Even if Ntchito.com has been advised of the possibility of such damages;
To the fullest extent permitted by applicable law.

11.5 Essential Purpose

You acknowledge that these limitations of liability are an essential element of the agreement between you and Ntchito.com, and that Ntchito.com would not provide the Platform without these limitations.

11.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions shall apply to the maximum extent permitted by law.

12. INDEMNIFICATION

12.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Ntchito.com, its affiliates, subsidiaries, directors, officers, employees, agents, partners, licensors, and service providers (collectively, “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

Your use or misuse of the Platform;
Your violation of these Terms;
Your violation of any rights of another person or entity, including intellectual property rights, privacy rights, or employment rights;
Your User Content or any content you post or transmit through the Platform;
Your conduct in connection with the Platform;
Any false, misleading, or fraudulent information you provide;
Any employment relationship, contract, or dispute between you and another user;
Your violation of any applicable laws or regulations.

12.2 Defense and Settlement

Ntchito.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims. You may not settle any claim that affects Ntchito.com or imposes obligations on Ntchito.com without our prior written consent.

12.3 Notification

You agree to promptly notify Ntchito.com of any third-party claims subject to indemnification. Failure to provide prompt notice may relieve Ntchito.com of its obligations under this Section only to the extent such failure prejudices our ability to defend the claim.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms and any disputes arising out of or related to the Platform shall be governed by and construed in accordance with the laws of the Republic of Malawi, without regard to its conflict of law provisions.

13.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms or the Platform shall be brought exclusively in the courts of Malawi. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

13.3 Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us at legal@ntchito.com to attempt to resolve the dispute informally. We commit to working with you in good faith to reach a mutually acceptable resolution.

13.4 Mediation

If informal resolution is unsuccessful, the parties agree to attempt mediation before pursuing litigation. Mediation shall be conducted by a mutually agreed-upon mediator in Malawi. The costs of mediation shall be shared equally by the parties.

13.5 Limitation Period

Any claim or cause of action arising out of or related to these Terms or the Platform must be filed within one (1) year after the claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

13.6 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. You waive any right to participate as a class member in any class action or class arbitration proceeding.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Ntchito.com regarding the Platform and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this Section shall be void. Ntchito.com may freely assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

14.5 Force Majeure

Ntchito.com shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, government actions, pandemic, epidemic, power failures, internet service provider failures, or natural disasters.

14.6 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Ntchito.com. You have no authority to bind Ntchito.com or make commitments on our behalf.

14.7 Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and general provisions.

14.8 Notices

14.8.1 Notice to Users

We may provide notices to you:

Via email to the address associated with your account;

By posting notices on the Platform;
Through in-platform notifications or messages.

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

14.8.2 Notice to Ntchito.com

Notices to Ntchito.com must be sent to:

Email: info@ntchito.com
Notices are effective upon receipt.

14.9 Language

These Terms are prepared in English. In the event these Terms are translated into any other language, the English version shall prevail in case of any conflict or inconsistency.

14.10 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

14.11 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties to these Terms.

14.12 Electronic Signature

You acknowledge and agree that by clicking “I Accept,” “I Agree,” or similar buttons or checkboxes, or by accessing or using the Platform following the posting of these Terms, you are providing your electronic signature and consent to enter into these Terms electronically, which has the same legal effect as a handwritten signature.

15. CONTACT INFORMATION

For questions, concerns, or assistance regarding these Terms or the Platform, please contact us:

Ntchito.com

All Inquiries: info@ntchito.com
Website: www.ntchito.com
Business Hours: Monday – Friday, 8:00 AM – 5:00 PM (Malawi Time)

16. ACKNOWLEDGMENT AND ACCEPTANCE

BY ACCESSING OR USING NTCHITO.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

YOU FURTHER ACKNOWLEDGE THAT:

You have had sufficient opportunity to review these Terms;
You understand your rights and obligations under these Terms;
You have had the opportunity to seek independent legal advice regarding these Terms;
You are entering into these Terms voluntarily and of your own free will;
These Terms constitute a legally binding agreement between you and Ntchito.com.

END OF TERMS OF SERVICE