• • • Sellers must provide clear, accurate, and complete information for all goods or services listed on the Marketplace, including descriptions, prices, quantities, and any applicable terms of sale.

3.2 Compliance with Laws

• • • Sellers are responsible for complying with all applicable local, national, and international laws, including those related to consumer protection, product safety, intellectual property, and tax obligations.

3.3 Quality and Authenticity

• • • Sellers must ensure that all goods or services offered are genuine, meet the descriptions provided, and conform to applicable standards of quality and safety.

3.4 Delivery and Fulfillment

• • • Sellers are solely responsible for arranging the delivery or fulfillment of purchased goods or services within the agreed timeline and ensuring proper packaging, shipping, or access to services.

3.5 Direct Payment Handling

• • • Sellers must provide Buyers with clear payment instructions and ensure secure handling of direct payments. Sellers are responsible for resolving any issues arising from their chosen payment methods.

3.6 Refunds and Returns

• • • Sellers must specify their refund, return, or exchange policies in their listings and adhere to them in the event of disputes or Buyer dissatisfaction, in accordance with applicable consumer protection laws.

3.7 Communication with Buyers

• • • Sellers must respond promptly and professionally to Buyer inquiries, complaints, or concerns regarding listings, purchases, or post-sale matters.

3.8 Prohibited Items

• • • Sellers may not list or sell any goods or services prohibited by law or by the Marketplace’s guidelines, including counterfeit items, illegal goods, or items violating intellectual property rights.

3.9 Taxes and Fees

• • • Sellers are responsible for determining, collecting, and remitting any applicable taxes, fees, or duties related to the sale of goods or services.

3.10 Indemnification

• • • Sellers agree to indemnify and hold the Marketplace harmless from any claims, damages, or disputes arising from their listings, transactions, or conduct on the platform.

3.11 Updates to Listings

• • • Sellers must ensure that their listings remain up to date, reflecting accurate availability, pricing, and other relevant details.

3.12 Prohibited Practices

• • • Sellers may not engage in fraudulent, deceptive, or unethical practices, including but not limited to false advertising, misrepresentation, or manipulation of reviews or ratings.

4. Buyer Obligations

4.1 Accurate Information

• • • Buyers must provide accurate and up-to-date information during registration, checkout, and communication with Sellers, including contact details, shipping addresses, and payment information.

4.2 Timely Payments

• • • Buyers are responsible for completing payments directly to Sellers promptly and according to the terms specified by the Seller. Failure to make timely payments may result in cancellation of the transaction or other consequences outlined by the Seller.

4.3 Compliance with Terms of Sale

• • • Buyers must review and agree to the Seller’s terms of sale, including pricing, refund policies, and delivery terms, before completing a purchase.

4.4 Inspection of Goods or Services

• • • Buyers are responsible for promptly inspecting goods or services upon receipt and notifying the Seller of any issues, defects, or discrepancies within the agreed timeframe.

4.5 Honest Communication

• • • Buyers must communicate with Sellers truthfully and respectfully, avoiding false claims or misrepresentation in case of disputes or refund requests.

4.6 Prohibited Activities

• • • Buyers may not use the Marketplace for unlawful purposes, including purchasing prohibited goods or services, or engaging in fraudulent activities.

4.7 Dispute Resolution

• • • In the event of a dispute, Buyers are encouraged to attempt resolution directly with the Seller in a cooperative manner. The Marketplace may offer mediation services, but it is not obligated to intervene.

4.8 Compliance with Laws

• • • Buyers are responsible for ensuring that their purchases comply with all applicable local, national, and international laws, including customs and import/export regulations when applicable.

4.9 Taxes and Duties

• • • Buyers are responsible for any additional costs related to their purchase, including taxes, customs duties, or import fees, unless otherwise agreed upon with the Seller.

4.10 Account Security

• • • Registered Buyers must ensure the security of their Marketplace account, keeping login credentials confidential and notifying the Marketplace promptly in case of unauthorized account activity.

4.11 Prohibited Practices

• • • Buyers may not engage in actions that harm Sellers or the Marketplace, such as false reviews, chargeback/fund-reversal fraud, or manipulation of Seller ratings.

4.12 Returns and Refunds

• • • Buyers must adhere to the Seller’s stated refund or return policies. If returning an item, Buyers are responsible for following the return process outlined by the Seller.

5. Direct Payment Terms

5.1 Definition

• • • Direct Payment refers to transactions where Buyers pay Sellers directly through payment methods mutually agreed upon by both parties, without the Marketplace acting as an intermediary or handling funds.

5.2 Responsibility for Payment

• • • The Buyer and Seller are solely responsible for agreeing on and completing the payment. The Marketplace does not process, monitor, or verify the transfer of funds between the parties.

5.3 Payment Methods

• • • Sellers must clearly specify accepted payment methods (e.g., bank transfer, mobile payment, cash, or other options). Buyers must adhere to the specified methods and ensure timely payment.

5.4 Security of Transactions

• • • Both Buyers and Sellers are responsible for ensuring secure payment processes. The Marketplace is not liable for any loss, fraud, or unauthorized activity during or after the payment process.

5.5 Confirmation of Payment

• • • Sellers are required to confirm receipt of payment before shipping goods or delivering services. Buyers should retain proof of payment (e.g., receipts or transaction IDs) in case of disputes.

5.6 Refunds

• • • Refunds are governed by the Seller’s stated refund policy. Buyers and Sellers must resolve refund-related issues directly. The Marketplace does not process or guarantee refunds for Direct Payments.

5.7 Disputes

• • • Disputes arising from Direct Payments, including non-payment, incomplete deliveries, or payment errors, must be resolved directly between the Buyer and Seller. The Marketplace may offer optional mediation services but is not obligated to intervene.

5.8 Risk Acknowledgment

• • • Buyers and Sellers acknowledge that Direct Payments carry inherent risks, including fraud or payment failure. By choosing Direct Payment, both parties agree to proceed at their own risk and absolve the Marketplace of liability.

5.9 Record Keeping

• • • Both parties must maintain accurate records of transactions, including payment confirmations, communication, and any relevant agreements or receipts, for future reference or dispute resolution.

5.10 Prohibited Activities

• • • Direct Payments must not involve any prohibited goods or services or violate any applicable laws. Fraudulent or deceptive payment activities are strictly prohibited.

5.11 Marketplace Disclaimer

• • • The Marketplace serves only as a platform for facilitating connections between Buyers and Sellers. It is not responsible for disputes, payment failures, or financial losses resulting from Direct Payments.

5.12 Amendments to Direct Payment Terms

• • • The Marketplace reserves the right to update these terms at any time. Changes will be effective upon posting on the platform.

6. Prohibited Activities

6.1 Fraudulent Behavior

• • Engaging in fraudulent or deceptive practices, including but not limited to:
    • Providing false or misleading information in listings or transactions.
    • Misrepresenting the condition, quality, or origin of goods or services.
    • Falsifying payment claims, chargebacks, fund-reversals, or refunds.

6.2 Sale of Restricted or Illegal Goods and Services

• • Listing, selling, or promoting items or services prohibited by law or Marketplace policies, including but not limited to:
    • Illegal substances, narcotics, or drug paraphernalia.
    • Counterfeit, stolen, or unauthorized goods.
    • Weapons, ammunition, explosives, or hazardous materials.
    • Human or animal trafficking-related items.
    • Digital piracy, pirated software, or media violating copyright laws.
    • Items banned by local or international regulations.

6.3 Payment and Financial Misconduct

• • • Using fraudulent payment methods or engaging in unauthorized financial activities, such as money laundering.

6.4 Privacy Violations

• • • Collecting, using, or sharing another user’s personal information without their explicit consent or in violation of privacy laws.
    • Publishing private communications or data without authorization.

6.5 Harassment and Abuse

• • • Harassing, threatening, or intimidating other users or Marketplace representatives.
    • Sending offensive, defamatory, or discriminatory messages to others.

6.6 Disruptive and Unauthorized Use of the Platform

• • • Using bots, scrapers, or other automated tools to collect data or interfere with the platform’s operations.
    • Attempting to gain unauthorized access to accounts, systems, or data.
    • Uploading malicious software, viruses, or any content that disrupts platform functionality.

6.7 False Reviews and Ratings

• • • Manipulating the review system by posting false, misleading, or fabricated reviews.
    • Soliciting or incentivizing biased reviews to unfairly influence ratings.

6.8 Prohibited Content

• • • Uploading or promoting content that is obscene, hateful, defamatory, or incites violence.
    • Sharing or linking to malware, spam, or phishing schemes.

6.9 Breach of Intellectual Property Rights

• • • Selling or distributing items that infringe on copyrights, trademarks, patents, or other intellectual property rights.
    • Using unauthorized brand names, logos, or materials in listings.

6.10 Breach of Laws and Regulations

• • • Violating any local, national, or international laws, regulations, or trade sanctions while using the Marketplace.
    • Conducting activities that facilitate illegal trade or harm public safety.

6.11 Consequences of Violations

• • Violations of these prohibited activities may lead to the following actions:
    • Immediate removal of non-compliant listings or content.
    • Suspension or permanent termination of user accounts.
    • Notification to law enforcement authorities if applicable.
    • Legal action or claims for damages caused by such violations.

7. Dispute Resolution

This section outlines the process for resolving disputes between Buyers and Sellers on the Marketplace. By using the platform, all parties agree to abide by these procedures:

7.1 General Policy

• • • The Marketplace encourages Buyers and Sellers to resolve disputes directly and amicably.
    • The Marketplace is not a party to transactions and does not guarantee resolution but may offer limited mediation services at its discretion.

7.2 Disputes Covered

• • Disputes may include but are not limited to:
    • Non-receipt of goods or services.
    • Receipt of goods or services that do not match the description.
    • Refund or return disagreements.
    • Payment disputes, including partial payments or overcharges.

7.3 Initial Resolution Between Parties

• • • Buyers and Sellers must first attempt to resolve disputes through direct communication.
    • Both parties are expected to respond promptly, professionally, and in good faith to resolve the issue.

7.4 Marketplace Mediation (Optional)

• • If the dispute cannot be resolved directly, either party may request mediation by the Marketplace under the following conditions:
    • Mediation requests must be submitted within 30 days of the disputed transaction.
    • The Marketplace may review the available evidence (e.g., communication records, payment proofs, product descriptions) to suggest a resolution.
    • The Marketplace’s mediation services are optional, and its recommendations are non-binding unless both parties agree to abide by them.

7.5 Limitations of Marketplace Involvement

• • • The Marketplace does not process refunds or guarantee outcomes for disputes related to Direct Payments.
    • The Marketplace has no liability for unresolved disputes or financial losses.

7.6 Evidence Requirements

• • Both Buyers and Sellers must provide clear and relevant evidence to support their claims during dispute resolution, including:
    • Proof of purchase (e.g., payment receipts, transaction IDs).
    • Communication records between Buyer and Seller.
    • Photographic evidence of received goods (if applicable).

7.7 Escalation to Legal Authorities

• • • If disputes remain unresolved after direct communication and/or mediation, either party may seek resolution through legal authorities or courts.
    • The Marketplace may cooperate with law enforcement or judicial processes by providing relevant information.

7.8 Dispute Prevention

• • • Buyers are encouraged to review listings carefully and confirm all terms before making purchases.

8. Limitation of Liability

The following provisions outline the limitations of the Marketplace’s liability in connection with its services and the transactions between Buyers and Sellers:

8.1 Role of the Marketplace

• • • The Marketplace acts solely as a platform to facilitate connections between Buyers and Sellers. It is not a party to the transactions conducted between them.
    • The Marketplace does not guarantee the quality, legality, accuracy, or delivery of goods or services listed or purchased.

8.2 Liability for Transactions

• • The Marketplace is not liable for any issues arising from transactions, including but not limited to:
    • Non-delivery, delay, or defective goods or services.
    • Payment disputes, including fraud, chargebacks, fund-reversals, or unauthorized payments.
    • Misrepresentation or inaccuracy in listings.

8.3 Indirect or Consequential Damages

• • • The Marketplace is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from the use of the platform or inability to use the platform.

8.4 User Conduct

• • • The Marketplace is not responsible for the conduct, actions, or omissions of Buyers or Sellers, including their compliance with applicable laws or adherence to these Terms and Conditions.

8.5 Security of Direct Payments

• • • The Marketplace does not process or oversee Direct Payments. It is not responsible for payment errors, fraud, or unauthorized transactions conducted between Buyers and Sellers.

8.6 Service Availability

• • • The Marketplace makes no guarantees regarding uninterrupted or error-free operation of the platform. The Marketplace is not liable for losses caused by downtime, technical issues, or system errors.

8.7 Disputes Between Users

• • • The Marketplace is not liable for disputes between Buyers and Sellers, including those related to refunds, returns, or quality complaints.
    • Any mediation services offered by the Marketplace are optional and non-binding.

8.8 Third-Party Services

• • • The Marketplace may provide links or integrations to third-party services (e.g., payment processors, shipping providers). The Marketplace is not responsible for the performance, actions, or policies of these third parties.

8.9 Limitation of Liability Cap

• • • To the maximum extent permitted by law, the Marketplace’s total liability for any claims arising from the use of the platform will not exceed the total fees paid to the Marketplace by the affected user in the three (3) months preceding the claim.

8.10 Jurisdictional Exceptions

• • • Some jurisdictions may not allow certain limitations of liability. In such cases, the Marketplace’s liability is limited to the minimum extent permitted by applicable law.

By using the Marketplace, all users acknowledge and agree to these limitations. If you have specific concerns or require further clarification, please contact the Marketplace support team.

9. Termination of Use

This section outlines the conditions under which the Marketplace, Buyers, or Sellers may terminate access to the platform and the consequences of such termination.

9.1 Termination by the User

• • Voluntary Termination:
    • Buyers and Sellers may terminate their accounts at any time by notifying the Marketplace support team or using the account settings provided on the platform.
  • Obligations Post-Termination:
    • Users are responsible for completing any ongoing transactions, resolving disputes, and adhering to these Terms and Conditions even after account termination.

9.2 Termination by the Marketplace

• The Marketplace reserves the right to suspend or terminate any account or access to the platform under the following conditions:
  • Breach of Terms:
    • Violation of these Terms and Conditions, including Prohibited Activities or non-compliance with Marketplace policies.
  • Fraudulent or Illegal Activity:
    • Engaging in fraudulent, deceptive, or unlawful activities.
  • Non-Payment of Fees:
    • Failure to pay any applicable fees or charges owed to the Marketplace.
  • Inactivity:
    • Prolonged account inactivity as determined by the Marketplace.
  • Harm to the Platform:
    • Actions that disrupt, harm, or compromise the integrity, security, or functionality of the Marketplace.

9.3 Immediate Termination

• • • The Marketplace may terminate access immediately and without prior notice if a user’s actions pose significant legal, financial, or reputational risks to the platform or other users.

9.4 Consequences of Termination

• • Loss of Access:
    • Terminated users will lose access to their accounts, including transaction history, reviews, and active listings.
  • Pending Transactions:
    • Termination does not cancel pending transactions. Users remain obligated to fulfill or resolve outstanding agreements.
  • Retention of Information:
    • The Marketplace may retain account information for legal, regulatory, or security purposes, as outlined in the Marketplace Privacy Policy.

9.5 Appeal Process

• • • Users whose accounts have been terminated by the Marketplace may appeal the decision within 30 days by contacting Marketplace support team and providing relevant evidence or explanations. The Marketplace’s decision on appeals is final.

9.6 Reinstatement

• • • The Marketplace may, at its sole discretion, reinstate terminated accounts if the issues leading to termination are resolved satisfactorily.

9.7 Survival of Obligations

• • • Certain obligations, including payment of fees, indemnification, dispute resolution, and limitation of liability, will survive termination and remain enforceable.

10. Amendments to Terms

The Marketplace reserves the right to modify, update, or amend these Terms and Conditions at any time. Users will be notified of such changes and must agree to the revised terms to continue using the platform.

10.1 Notification of Changes

• • Notification Methods:
    • The Marketplace may notify users of amendments via email, platform notifications, or by posting updates directly on the platform.
    • Effective Date:
    • Amendments will be effective as of the date specified in the notification or the date the updated Terms are posted on the platform.

10.2 User Consent to Amendments

• • • By continuing to use the Marketplace after the effective date of any amendments, users signify their acceptance of the revised Terms and Conditions. If users do not agree with the amendments, they should cease using the platform and may choose to terminate their accounts as described in Section 9 (Termination of Use).

10.3 Scope of Amendments

• • Amendments may include, but are not limited to, changes in:
    • Platform functionality and services.
    • Fee structures or payment terms.
    • User rights and obligations.
    • Prohibited activities and conduct.
    • Dispute resolution mechanisms.
    • Users are encouraged to review these Terms periodically to stay informed of any updates.

10.4 No Retroactive Changes

• • • Amendments will apply prospectively and will not affect any transactions, disputes, or actions occurring before the effective date of the change unless otherwise stated.

10.5 Waiver of Rights

• • • Any failure by the Marketplace to enforce any provision of these Terms does not waive the right to enforce it at any time in the future.

11. Governing Law

• • • These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.
    • Users agree that any disputes, claims, or actions arising out of or related to these Terms or the use of the Marketplace shall be governed by the laws of the specified jurisdiction.

11.1 Jurisdiction and Venue

• • • Any legal action or proceeding arising out of or related to these Terms and Conditions shall be brought exclusively in the courts located in Nairobi, Kenya.
    • Users consent to the personal jurisdiction and venue of such courts and waive any objections to such jurisdiction or venue.

11.2 International Users

• • • If users access the Marketplace from outside the Republic of Kenya, they are responsible for complying with all applicable local laws, including import/export restrictions, and they agree to submit to the jurisdiction of the courts in the specified jurisdiction for any disputes.

11.3 Dispute Resolution Alternative

• • • Notwithstanding the above, the Marketplace encourages users to resolve disputes amicably through direct communication or mediation, as described in Section 7 (Dispute Resolution), before resorting to formal legal proceedings.

By using the Marketplace, users agree to the governing law and jurisdiction specified above. If you have any questions or concerns about the governing law or need further clarification, please contact the Marketplace Support team.