Chapter 1 General Provisions

Article 1 (Purpose)
The purpose of these Terms and Conditions is to set out the rights, obligations, and responsibilities of Marketplace Kenya website.

Article 2 (Definitions)
1″Marketplace Kenya Website” subsequently here referred to as “We”, has  it’s website address as https://www.marketplacekenya.com

2″Users” refer to those who have registered and approved to use MarketplaceKenya.ke to list their ads/businesses.
3A “User ID” refers to an ID composed of a combination of letters and/or numbers selected by a user or autogenerated and approved by MarketplaceKenya.ke for identification of him/her and his/her use of the Marketplace Kenya Website.
4“Password” refers to a combination of letters, numbers, and special characters selected by members for identification of themselves and for protection of their personal information.

Article 3 (Notice about Terms/Conditions)
1 We shall post the contents of these Terms and Conditions, names of businesses, contact information (email/phone numbers, etc.), for easy recognition of users.
2As regards a specified service, we may decide on and post the matters to be applied to it (hereafter “individual terms and conditions”) in advance where required. Where users have consented to individual terms and conditions for using a specified service, individual terms and conditions shall have priority over others in application.
3Where these Terms and Conditions or individual terms and conditions are revised, we shall post the reason for revision and the date of its enforcement from 7 days before the enforcement until one day before the enforcement.
4Where the content of revision that may be disadvantageous to users is concerned, we shall have at least 30 days of grace period and post it on the MarketplaceKenya.ke Website in advance of the enforcement, and inform members of the relevant changes by email. Where the users’ contact address remains unclear, such as due to non-entry of contact information or changes that have not been updated, which make it impossible to provide individual notices, a notice made in accordance with these Terms and Conditions shall be deemed to have acted as an individual notice.
5Revised terms and conditions shall apply even to members who signed these Terms and Conditions before the revision.
6Users who are against to the revised terms and conditions may cancel the contract for using MarketplaceKenya.ke at any time and request us to have their registered personal information deleted.
7Users who continue to visit the Marketplace Kenya Website to use the Service after the date of enforcement of the revised terms and conditions shall be deemed to have consented to these Terms and Conditions.
8Revisions shall have priority over previous terms and conditions in application.

Article 4 (Relationship between Terms and Conditions and Relevant Laws)
1If there is a conflict between these Terms and Conditions and a relevant law, the relevant law shall prevail.
2Regarding the services that are provided, we may amend these Terms and Conditions within the extent that does not violate any of the relevant laws concerning members’ use of MarketplaceKenya.ke website.

Chapter 2 The Signing of Service Contract
Article 5 (Service Contract)
1A contract for using the Website service (hereinafter referred to as “a service contract”) shall become valid by MarketplaceKenya’s acceptance of the service application. We shall inform the applicant of its acceptance of the application by posting the notice or through email.
2An application for using the Service shall be deemed to have been made upon members’ consent to Marketplace Kenya Website’s terms and conditions and registration of necessary items with MarketplaceKenya.ke.
3We shall accept applications that meet requirements stated in the foregoing 2.
4We may refuse to accept an application if one of the following is the case: the applicant having a past record of violating these Terms and Conditions or a relevant law; the application being in violation of these Terms and Conditions; and one of the following being the case:
1. False statement in the application,
2. Unauthorized use of another person’s name,
3. Unauthorized use of another business’s business registration number in the application,
4. When user is reported by another member of the Marketplace Kenya Website for an unlawful act of dishonesty or fraudulence, etc., that has been perpetrated by the applicant
5. Failure to meet requirements stipulated in the application.

Article 6 (Granting and Management of User ID)
1A general user shall use one user ID.
2All user ID and password-related management responsibility lies with members. We shall not be held responsible for loss and/or damages caused by members’ careless management, leakage, or transfer or lending of their ID through no fault of Marketplace Kenya.
3Users shall perform the following for safe management of their ID and password.
1. Where their ID or password is stolen or used in an unauthorized by a third party, they shall inform MarketplaceKenya.ke of it immediately and follow our instructions, if any.
2. When users have finished using the Service, they shall check that they have logged out.
3. They shall not disclose their user ID or password to a third party or let him/her use it without a justifiable reason.
4. User ID shall not be shared with others or transferred to others. Where a user is in violation of the foregoing sentence, we may block the use of his/her/its user ID.

Article 7 (Service Contract Termination)
1Users may terminate a service contract at any time by giving a notice to MarketplaceKenya.ke.
2We may terminate a service contract where one of the following is the case. In such a case, we shall inform the user of the termination by email, or phone. We may provide the user with an opportunity to express his/her/its opinion of the termination in advance.
1. A user’s failure to meet our defined requirements for the Service provided by the MarketplaceKenya.ke either before or after the application
2. It being proven or reasonably suspected that the registered information is false or the application was made in the name of another person
3. A user’s violation of his/her/its obligation stated in Article 6 hereof
4. A user’s violation of his/her/its obligation stated in Article 13 hereof (additional)
5. A user posting things stated in Article 14 1 of the terms and conditions on the MarketplaceKenya.ke website or engaging in transaction of goods that may run counter to public order or established social morals and good customs
6. A user refusing to consent to our amendment to these Terms and Conditions or addition/change/deletion of the content of MarketplaceKenya.ke Website due to a change in relevant laws or the situation of transaction or for improvement of the Service, even after having been asked for consent
7. A user engaging in an act in violation of these Terms and Conditions or a relevant law or being subject to a situation requiring termination of a service contract under these Terms and Conditions such as an act presumed to be linked to a crime, a (planned) act of using the Service to obstruct the public good, and/or an act of obstructing the provision of the Service
3As regards the termination of a service contract, we shall inform the relevant user of it, along with the reason for termination, by email, phone, or other methods. However, we may give such a user an opportunity to express his/her/its opinion in advance before the termination.

Chapter 3 The Use of Service
Article 8 (Service Types)
We shall provide the following Services to members on MarketplaceKenya.ke Website.

1The Service for providing an online marketplace for transactions among users and relevant additional services
The Service for goods-related information
The Service for publicizing and marketing
2Our designated Services related to public notices, inquiries made between those engaging in transactions, introduction of success stories, special events, etc.

Article 9 (Service Hours)
1We shall operate a 24/7 Website Service unless technical difficulties are experienced.
2The Service may be interrupted during our periodical maintenance of the system. In such a case, we shall serve a notice to users in advance.

Article 10 (Change in Website-related Content)
1We may add something to or change or delete the content of MarketplaceKenya.ke Website upon obtaining users’ consent and providing notice on the Website 7 days before the change is to the take effect, so that users can fully understand the changes
2Users shall check to see whether there is any change in the content of MarketplaceKenya.ke website or a public notice about such a change.

Article 11 (Stoppage of Service)
1We may stop the Service temporarily where one of the below cases is true:
1. Maintenance, expansion, and replacement of MarketplaceKenya.ke Website system
2. Occurrence of a situation beyond our reasonable control (e.g. problem with system disk or system breakdown through no fault of system manager)

2We may stop or put a limit on the Service where there is a problem in the normal use of the Service due to a national emergency, power failure or a problem in the Website facility or overuse of the Service.
3We shall not be held responsible for compensating for losses and/or damages incurred by users due to a (temporary) stoppage of MarketplaceKenya.ke Website Service unless such losses and/or damages have been caused by our gross negligence or willful misconduct.

Article 12 (Our Obligations including Protection of Personal Information
1We shall see to it that the Service applied for by a user shall be started on the day stated on the application unless there is a special reason not to.
2We shall provide the Service stably and without interruption under these Terms and Conditions.
3We shall protect personal information according to relevant laws.

Article 13 (User Obligations)
1To use the Service, users shall meet the requirements set by MarketplaceKenya.ke
2Users shall provide their corporate/personal information on the MarketplaceKenya.ke Website truthfully and accurately in accordance with the designated form and update it as time passes.
3Users shall observe these Terms and Conditions and relevant laws.
4Users shall not engage in the following:
1. Reproduction of information obtained from MarketplaceKenya Website or provision of such to a third party for any purpose other than the users’ own use without our prior consent
2. An act that runs counter to the healthy use of the Service such as continued transmission of advertising information against receivers’ wishes for the Service or transmission/receipt or registration of posting of an excessively large amount of data that may impede stable operation of the Service
3. An act that may infringe on the rights, honor, credit or other legitimate profiting of MarketplaceKenya.ke or other users
4. An act intended to obstruct smooth operation of the Service
5. Registering their goods without a real intention to sell them.

Article 14 (Users’ Postings)
1We have the right to delete users’ postings or information registered or to stop providing the Service temporarily when a service contract is terminated or where it is judged that their content falls under any of the following category.
1. Slander of MarketplaceKenya.ke or other users or a third party; infringement on another person’s rights, honor, credit or legitimate profit through slander.
2. Running counter to public order or established social morals and good customs
3. All acts related to posting, registering or publicizing illegal/obscene materials, media, etc. that are harmful to youth
4. Possibility of infringing on others’ intellectual property rights
5. Registration of goods associated with infringement on the holder of trademark rights
6. Posting not corresponding to the nature of the Service or overlapping with another posting
7. False content or content including exaggerated ad
8. Content objectively judged to be associated with a criminal act
9. Content reported as a case of Internet fraud based on valid merits
10. Content including computer virus or data causing confusion or malfunction of information/communications facilities
11. Content judged to run counter to our posting management regulation or relevant laws

2All responsibilities under the Civil and Criminal Acts including infringement on copyrights caused by images, phrases, videos (including attached files) posted shall rest with the user who posted such materials and MarketplaceKenya.ke shall not be held responsible for them.
3The poster shall retain the copyright for postings registered with MarketplaceKenya.ke Website unless they do not infringe on a third party’s rights. We shall retain the right to post them within MarketplaceKenya.ke Website.
4We may display user-registered postings on search sites or MarketplaceKenya.ke-related sites and use them for our sales promotion, publicizing and the like, at no cost. We may reproduce, display, transmit or distribute members’ postings within the Service. We may also derive them as derivative or edited works, but shall comply with the request of users who registered relevant postings to stop using or delete them immediately except as required by law to retain them. Copyright and intellectual property rights for the work undertaken by MarketplaceKenya.ke and its entrusted business shall revert to us.
15Where there is a party alleging that its rights related to privacy, copyright or intellectual property rights have been infringed upon due to information registered or posted by a user on the MarketplaceKenya.ke Website and asks that we delete such information or post a refutation countering such information, we shall comply with the request and take a necessary temporary step to block access to such information for a period not exceeding 30 days. The foregoing sentence shall apply mutatis mutandis to a case, where MarketplaceKenya.ke judges that certain information registered or posted by a user infringes on someone’s rights. Upon taking a necessary step concerning such information, we shall inform the requestor and the user who registered or posted such information of its action taken. Where a relevant user asks MarketplaceKenya.ke for restoration of the deleted information and stoppage of the temporary step taken by MarketplaceKenya.ke by presenting written evidence about such information not considered as being breaching information such as an agreement between the relevant parties or a report with the power of finality or the like, we may comply with such a request.

15 (Posting Advertisements; Transactions with Sponsors)
1Wemay run advertisements on the MarketplaceKenya.ke Website.
2We shall not be responsible for any loss and/or damages incurred by users through their participation in advertisements or sponsors’ sales promotional activities on MarketplaceKenya.ke Website.

Article 16 (Disclaimer of Agentship and Warranty)
1As a party only providing a marketplace for online transaction between members, we shall not be deemed to represent any user intending to sell or purchase goods. No action undertaken by us shall be deemed to be an act representing a seller or purchaser.
2We shall not provide any warranty concerning transactions between users within MarketplaceKenya.ke Website including the existence of intention to sell or purchase and truthfulness about such intention; quality, completeness, safety or legitimacy of registered goods; non-infringement of third party rights; truthfulness of the information entered by a user and of the data posted on a URL link through such information, etc. All risks and responsibilities concerning transactions between users within the MarketplaceKenya.ke Website shall be borne by users.
3We will not control or restrict information such as descriptions of goods provided by users. However, where it is judged that the content of the information posted by a uder may infringe on a third party’s honor or rights or violate law, we may refuse to approve it, delete it or take other necessary steps.

Chapter 4 Others
Article 17 (Indemnity)
1We shall not be held responsible for a result of the inability of providing the Service either temporarily or permanently due to a force majeure situation such as acts of God, repair or check of information/communications facilities or interruption of communications. In such a case, we shall inform users by posting a notice.
2Our Service is only for the provision of an online marketplace to users for transactions between users and of ancillary information. Users shall engage in the following themselves and MarketplaceKenya.ke shall not be held responsible for the following: management of transactions carried out between users through MarketplaceKenya.ke Website, a seller’s fulfillment of its part of a transaction, delivery of goods, withdrawal of an order or returning of goods, settlement of a dispute arising from defective goods, etc. We shall not be responsible for losses and/or damages incurred (including product liability) to users due to defective goods or errors in/insufficiency of registered information about goods transacted through the MarketplaceKenya.ke Website.
3We shall not be responsible for cases where users do not receive certain expected profits from a transaction carried out through MarketplaceKenya.ke Website or users’ selection or use of the Service-related materials.
4We shall not be responsible for mental suffering experienced by users incurred by other users while using MarketplaceKenya.ke Website, unless it is a case where we have knowingly left the problem unattended with malicious intent.
5We shall not be responsible for loss incurred by users due to reliance on information or materials posted on the MarketplaceKenya.ke Website.
6Personal information included in a content that a user voluntarily and openly posted may be collected and used by others. Individual users shall bear such a risk, and MarketplaceKenya.ke shall not be responsible for any results incurred from such risks.
7All losses and/or damages due to a user’s failure to correct wrong or outdated information registered at the time of the user’s application for the Service and registration of postings shall be the user’s own responsibility and we shall not be responsible for any results as such.
8We do not represent or have control over other sites that users may visit through the MarketplaceKenya.ke Website.
9MarketplaceKenya.ke is an entity independent of businesses connected through the Internet (which refer to businesses operating the sites connected through the Service screen and links) and shall not be responsible for the result of transactions between them and users.
10We shall not be responsible for losses and/or damages incurred to a user concerning the Service without our willful misconduct or gross negligence.

Article 18 (Others)
1All schedules and attachments to these Terms and Conditions shall be deemed to be an integral part of these Terms and Conditions.
2Matters not covered by these Terms and Conditions and disputes over interpretation of a clause in these Terms and Conditions shall be settled amicably through mutual consultation between MarketplaceKenya.ke and users.

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