Terms and Conditions
1. INTRODUCTION
1.1 Soko Lamu (hereinafter referred to as “we”) operates an e-commerce platform consisting of a website and mobile phone application for the sale and purchase of consumer products from Lamu County (hereinafter referred to as “zone”). These general terms and conditions shall apply to vendors (or “sellers”) and buyers who shall use the platform and shall govern their use of the market platform and related services.1.2 By using our platform, a buyer/seller accepts these general terms and conditions in full and if disagreed, one must not use it. If one agrees to use the platform in the course of business, one shall be required to:
1.2.1 confirm that he/she has obtained the necessary authority to agree to these general terms and conditions;
1.2.2 bind both themselves, the company, or other legal entity that operates that business, to these general terms and conditions; and
1.2.3 agree that these general terms and conditions shall reference both the individual user and the relevant person, company, or legal entity unless the context requires otherwise.
2. ACCOUNT REGISTRATION
2.1 The vendor may be required to pay the subscription fees2.2 You shall not register with our platform if you are under 18 years of age, and by registering, you warrant and represent to us that you are at least 18 years of age.
2.3 You may register for an account with our platform by completing and submitting the registration form on our platform.
2.4 You represent and warrant that all information provided in the registration form is complete and accurate.
2.5 To register for an account with our platform, you shall provide an email address/user ID and password, and you agree to:
2.5.1 keep your password confidential;
2.5.2 in case of disclosure/forgotten password, request for a reset;
2.5.3 be responsible for any activity on our platform arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
2.6 Your account shall be used exclusively by you and shall not be transferable to a third party. If you authorize a third party to manage your account on your behalf, this shall be at your own risk.
2.7 We may suspend or cancel your account, and/or edit your account contents, at any time in our sole discretion and without notice but with explanation thereafter, provided that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will compensate you in respect of the same.
2.8 Account cancellation for a vendor may be done by contacting us.
3. SERVICE
3.1 The Platform is an online service that allows users to create and publish announcements, view announcements published by other users, and communicate with other users using the contact details provided in the announcements.3.2 The Administrator itself is not an importer, manufacturer, distributor, or seller of any item, nor a provider of any service posted by users on the Platform. The Administrator is neither a marketer nor a person acting on the user's behalf concerning the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or service contracts are entered into directly between the users, and the Administrator is not a party to such transactions. The Administrator provides users with an opportunity to communicate.
3.3 Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform.
3.4 The Administrator reserves the right to delete or block access to announcements posted by users without notice in the event of:
3.4.1 receiving mandatory judgments of competent public authorities;
3.4.2 a claim by a holder of intellectual property rights to terminate infringement of their rights by a user on the Platform;
3.4.3 infringements of the rights or legal interests of other users, legal entities, or individuals upon their reasonable request;
3.4.4 detecting that an announcement posted by a user breaches these Terms or any applicable law, regulation, rule, or standard.
3.5 The Administrator may delete or block announcements of users without providing substantiation.
3.6 The Administrator retains the right to implement any changes to the Service (whether free or paid features) at any time, with or without notice.
3.7 Each user is solely responsible for their User Content (as defined below). The Administrator is not responsible for any User Content and makes no guarantees regarding its accuracy, currency, suitability, or quality.
3.8 The Service may contain links to third-party websites or advertisements ("Third-Party Ads"). The Administrator is not responsible for Third-Party Ads and provides them only as a convenience.
3.9 You hereby release us, our officers, employees, agents, and successors from any claims, demands, losses, damages, or actions related to interactions with other users or Third-Party Ads.
4. TRADING TERMS AND CONDITIONS
4.1 The user acknowledges and agrees that:4.1.1 the platform provides an online location for vendors to sell and buyers to purchase products;
4.1.2 we facilitate linkage between buyer and seller but are not party to the transaction;
4.1.3 the vendor’s terms of business shall govern the contract for sale and purchase between the buyer and the vendor.
4.2 The vendor warrants that they have good title to, and are the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions.
4.3 The content for sale must:
4.3.1 be accurate, complete, and truthful;
4.3.2 be appropriate, civil, and in accord with generally accepted standards.
4.4 The content must not:
4.4.1 be offensive, obscene, deceptive, fraudulent, or illegal;
4.4.2 infringe any intellectual property rights, privacy rights, or contractual obligations.
4.5 The vendor must not use the platform to link to any website containing material that would breach these terms.
4.6 The vendor must not submit material that has been subject to legal proceedings.
4.7 The review function shall not be used for inaccurate, inauthentic, or malicious reviews.
4.8 Users must not interfere with transactions by attempting to bypass the platform.
4.9 Users are solely responsible for interactions with other users and must exercise caution.
4.10 Periodical review of content by the vendor is required.
4.11 Users may report unlawful material or breaches of these terms.
5. OUR RIGHTS TO USE YOUR CONTENT
5.1 You grant us a worldwide, non-exclusive, royalty-free license to use, store, and distribute your content across our promotion channels.5.2 You waive all moral rights in your content to the maximum extent permitted by law.
5.3 We may delete, unpublish, or edit your content if you breach these terms.
6. USE OF WEBSITE AND MOBILE APPLICATIONS
6.1 The terms "platform" and "website" refer to Soko Lamu’s websites and mobile applications.6.2 The user may:
6.2.1 view, download, and print pages for personal use;
6.2.2 use the platform for business purposes related to selling or purchasing products.
6.3 The user shall not:
6.3.1 republish, sell, or redistribute material from our website;
6.3.2 use material for commercial purposes without permission.
6.4 Product links and promotional materials may be forwarded in print or electronic form.
6.5 We reserve the right to suspend or restrict access to our website.
6.6 The user shall not:
6.6.1 cause damage or impair the website’s performance;
6.6.2 use the website for unlawful or harmful purposes;
6.6.3 hack, probe, or circumvent security measures.
7. PRODUCT COPYRIGHT AND TRADEMARKS
7.1 We own all copyright and intellectual property rights in our website and materials.7.2 The Soko Lamu logo and trademarks are our property and may not be used without permission.
7.3 Third-party trademarks on our website belong to their respective owners.
8. INFORMATION PRIVACY
8.1 Buyers agree to the processing of their personal data per Soko Lamu’s Privacy Policy.8.2 Vendors are directly responsible for any misuse of buyers' personal data.
9. DUE DILIGENCE AND AUDIT RIGHTS
9.1 We reserve the right to perform due diligence checks on all users.9.2 You agree to provide necessary information for verification.
10. WARRANTIES AND REPRESENTATIONS
10.1 We do not confirm user identities, check creditworthiness, or vet transactions.10.2 We do not guarantee the accuracy, completeness, or uptime of the platform.
10.3 We may discontinue or alter platform services at any time.
11. IMPORTANT DISCLAIMERS
11.1 Services are provided "as is," and we disclaim all warranties.11.2 We do not guarantee the legality, quality, or accuracy of user-posted goods/services.
11.3 Users are encouraged to verify goods before payment.
11.4 Users are solely responsible for their safety in transactions.
12. LIMITATIONS AND EXCLUSIONS OF LIABILITY
12.1 We are not liable for:12.1.1 losses due to website interruptions;
12.1.2 business losses, data loss, or indirect damages.
12.2 We are not responsible for third-party websites linked on our platform.
13. INDEMNIFICATION
13.1 You agree to indemnify us against claims arising from:13.1.1 your use of the platform;
13.1.2 your User Content;
13.1.3 violations of these terms or applicable laws.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 User Content remains your intellectual property, but you grant us a license to use it.14.2 You warrant that your content does not infringe third-party rights.
14.3 Copyright infringement claims must follow our specified procedure.
15. BREACHES OF THESE TERMS
15.1 We may suspend, block, or take legal action against violators.15.2 Users must not circumvent suspensions or bans.
16. ENTIRE AGREEMENT
16.1 These terms, along with Soko Lamu policy and privacy, constitute the entire agreement.17. HIERARCHY
17.1 In case of conflict, these terms and policies prevail in stated order.18. VARIATION
18.1 We may revise these terms, with changes effective upon publication.19. SEVERABILITY
19.1 If any provision is unenforceable, the rest remain effective.20. ASSIGNMENT
20.1 We may assign our rights; users may not without our consent.21. THIRD-PARTY RIGHTS
21.1 These terms are for our and your benefit, not third parties.22. LAW AND JURISDICTION
22.1 These terms are governed by Kenyan law.22.2 Disputes shall be subject to the exclusive jurisdiction of Kenyan courts.
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