TERMS & CONDITIONS
Last Updated: 12th November, 2024
Welcome to eDuka. By accessing or using this Site, you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully before using the Site. If you do not agree with these Terms, you must not use the Site.
1. Acceptance of Terms
By accessing or using the Site, you agree to be bound by these Terms and any future amendments or modifications. eDuka reserves the right to update or modify these Terms at any time without prior notice, and such changes will be effective immediately upon posting on the Site. It is your responsibility to review these Terms regularly to stay informed of any updates.
2. Services Provided
eDuka provides a platform where users can list products, services, events, etc. Listings are made available for users to browse, purchase, or contact sellers, and vice versa. The Site serves as a listing service and does not directly engage in transactions between buyers and sellers, except where explicitly stated.
3. Eligibility
You must be at least [18] years of age or have the legal capacity to form a binding contract under applicable law to use the Site. By using this Site, you represent and warrant that you meet these eligibility requirements.
4. Account Registration
To access certain features of the Site, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account and password, and you agree to notify us immediately of any unauthorized use of your account.
5. Listing and Content
You are responsible for all content you post, upload, or share on the Site, including but not limited to listings, descriptions, photos, and any other materials. By posting content on the Site, you represent and warrant that:
You have the legal right to use and post the content.
The content does not infringe upon any third-party intellectual property rights.
The content does not violate any laws, regulations, or the rights of others.
eDuka team reserves the right to remove, modify, or block any content that violates these Terms or is deemed inappropriate at its sole discretion.
6. Prohibited Activities
When using the Site, you agree not to:
Post misleading, false, or fraudulent listings.
Engage in spamming, phishing, or any other harmful activities.
Violate any applicable local, national or international law.
Attempt to gain unauthorized access to any part of the Site or its systems.
Use the Site to promote illegal or unethical activities.
7. Fees and Payments
Certain features of the Site may require payment, including but not limited to listing fees, transaction fees, or premium features. By using these services, you agree to pay any applicable fees. All payments are processed through mpesa, and you agree to abide by their terms and conditions for payment.
8. Privacy and Data Protection
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site, you consent to the collection and use of your data in accordance with the Privacy Policy.
9. Third-Party Websites and Content
The Site may contain links to third-party websites or resources. You acknowledge and agree that eDuka is not responsible for the availability, content, or policies of such websites and that your use of third-party websites is at your own risk.
10. Disclaimers
The Site and its contents are provided “as is” and “as available.” eDuka does not warrant that the Site will be error-free, secure, or free of viruses or other harmful components. eDuka disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
11. Limitation of Liability
To the fullest extent permitted by law, eDuka, its affiliates, partners, officers, employees, or agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Site, or any content or services provided through the Site.
12. Indemnification
You agree to indemnify and hold eDuka, its affiliates, officers, employees, and agents harmless from any claims, damages, liabilities, losses, or expenses arising from your use of the Site, your content, or your breach of these Terms.
13. Termination
eDuka reserves the right to suspend or terminate your access to the Site at its sole discretion, with or without notice, for violation of these Terms or for any other reason.
14. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.
15. Dispute Resolution
Any disputes arising out of or related to these Terms or the use of the Site shall be resolved through binding arbitration in Nairobi, in accordance with the rules of NCIA Arbitration.
16. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
17. Entire Agreement
These Terms, along with the Privacy Policy and any other legal notices or agreements published on the Site, constitute the entire agreement between you and eDuka with respect to your use of the Site.
18. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Email: admin@eduka.co.ke
