Terms of Service
Last Updated: May 3, 2023
1. Introduction
Welcome to SmartMavuno Marketplace. These Terms of Service ("Terms") govern your access to and use of the SmartMavuno website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
2. Definitions
"SmartMavuno," "we," "us," or "our" refers to SmartMavuno Marketplace, the company operating the Services.
"User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
"Seller" refers to any User who offers products or services for sale through our Services.
"Buyer" refers to any User who purchases products or services through our Services.
3. Account Registration
To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Marketplace Rules
For Sellers: By listing products or services on our marketplace, you agree to:
- Provide accurate and complete information about your products or services
- Set fair and transparent prices
- Fulfill orders promptly and professionally
- Comply with all applicable laws and regulations
- Pay all applicable fees and commissions
For Buyers: By purchasing products or services on our marketplace, you agree to:
- Pay the full amount for your purchases
- Provide accurate shipping and contact information
- Communicate respectfully with Sellers
- Leave honest and fair reviews
5. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations
- Infringing on the intellectual property rights of others
- Posting false, misleading, or deceptive content
- Harassing, threatening, or intimidating other Users
- Attempting to gain unauthorized access to our systems or other Users' accounts
- Using our Services for any illegal or unauthorized purpose
- Interfering with the proper functioning of our Services
6. Fees and Payments
We charge fees for certain aspects of our Services, such as listing fees, transaction fees, and subscription fees. All fees are non-refundable unless otherwise specified.
Payment processing is handled by third-party payment processors. By using our Services, you agree to comply with the terms and conditions of these payment processors.
7. Intellectual Property
Our Services and all content and materials included on our Services, such as text, graphics, logos, images, and software, are the property of SmartMavuno or our licensors and are protected by copyright, trademark, and other intellectual property laws.
By posting content on our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing our Services.
8. Termination
We reserve the right to suspend or terminate your access to our Services at any time, without notice, for any reason, including if we believe you have violated these Terms.
You may terminate your account at any time by following the instructions on our Services. Upon termination, your right to use our Services will immediately cease.
9. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED.
10. Limitation of Liability
IN NO EVENT SHALL SMARTMAVUNO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
12. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our Services and updating the "Last Updated" date at the top of these Terms.
Your continued use of our Services after the posting of the updated Terms constitutes your acceptance of the changes.
13. Contact Information
If you have any questions about these Terms, please contact us at legal@smartmavuno.com.