Last updated: February 01, 2022

Welcome to MarketAfrica.com. K-Bay International Ltd and/or its affiliates (“MarketAfrica”) provide website features and other products and services to you when you visit or shop at MarketAfrica.com, use MarketAfrica products or services, use MarketAfrica applications for mobile, or use software provided by MarketAfrica in connection with any of the foregoing (collectively, “MarketAfrica Services”). MarketAfrica provides the MarketAfrica Services subject to the following conditions.

By using MarketAfrica Services, you agree to these conditions. Please read them carefully.

conditions. Please read them carefully. We offer a wide range of MarketAfrica.com Services, and sometimes additional terms may apply. When you use an MarketAfrica Service (for example, Your Profile, Gift Cards, MarketAfrica Video, Your Media Library, MarketAfrica devices) you also will be subject to the guidelines, terms and agreements applicable to that MarketAfrica Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of MarketAfrica Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use MarketAfrica Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other MarketAfrica Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any MarketAfrica Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of MarketAfrica or its content suppliers and protected by Republic of Kenya and international copyright laws. The compilation of all content included in or made available through any MarketAfrica Service is the exclusive property of MarketAfrica and protected by Republic of Kenya and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MarketAfrica Service are trademarks or trade dress of MarketAfrica in the Republic Of Kenya and other countries. MarketAfrica’s trademarks and trade dress may not be used in connection with any product or service that is not MarketAfrica’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MarketAfrica. All other trademarks not owned by MarketAfrica that appear in any MarketAfrica Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MarketAfrica.

PATENTS

One or more patents owned by MarketAfrica apply to the MarketAfrica Services and to the features and services accessible via the MarketAfrica Services. Portions of the MarketAfrica Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, MarketAfrica or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the MarketAfrica Services. This license does not include any resale or commercial use of any MarketAfrica Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MarketAfrica Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MarketAfrica or its licensors, suppliers, publishers, rightsholders, or other content providers. No MarketAfrica Service, nor any part of any MarketAfrica Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MarketAfrica.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MarketAfrica.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing MarketAfrica’s name or trademarks without the express written consent of MarketAfrica.com. You may not misuse the MarketAfrica Services. You may use the MarketAfrica Services only as permitted by law. The licenses granted by MarketAfrica terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own MarketAfrica account to use certain MarketAfrica Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://marketafrica.com/my-account/ to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. MarketAfrica does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MarketAfrica Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their MarketAfrica Household. Alcohol listings on MarketAfrica are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol. MarketAfrica reserves the right to refuse service, terminate accounts, terminate your rights to use MarketAfrica Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MarketAfrica reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant MarketAfrica a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MarketAfrica and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MarketAfrica for all claims resulting from content you supply. MarketAfrica has the right but not the obligation to monitor and edit or remove any activity or content. MarketAfrica takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

MarketAfrica respects the intellectual property of others. If you believe that your intellectual property rights are being infringed

RISK OF LOSS

All contact between potential and willing advertisers and potential willing purchaser of Advertised goods and services on MarketAfrica.com are made pursuant to the both Advertisers and potential customer making the necessary enquiries and take advice before committing to a commercial transaction (including but not limited to making payment, incurring expenses or entering into a binding lawful and legal contract) relating to an advertisement published on MarketAfrica.com., K-Bay International Ltd and all its affiliates, including MarketAfrica.com, shall not be liable for any loss or damage incurred or suffered as a result of an Advertisement Posted within MarketAfrica or it’s associated affiliates or its business partners, accepting or offering to accept an invitation contained within an advertisement published within MarketAfrica.com.

RETURNS, REFUNDS AND TITLE

MarketAfrica does not take title to any items that become subject to disagreement between Advertisers and potential customers to the Advertisement.

Marketafrica.com may only make legal agreeable refunds to Advertisers due to the payment, if made, for publishing of an advertisement on MarketAfrica.com.

PRODUCT DESCRIPTIONS

MarketAfrica attempts to be as accurate as possible. However, MarketAfrica does not warrant that product descriptions or other content of any MarketAfrica Service is accurate, complete, reliable, current, or error-free. If a product offered by an advertiser on MarketAfrica.com itself is not as described, your sole remedy is to take sole responsibility to take liable for any loss or damage incurred or suffered as a result of an Advertisement Posted within MarketAfrica or its affiliates or its business partners, when accepting or offering to accept an invitation contained within an advertisement published within MarketAfrica.com.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. MarkaetAfrica.com is not in any way responsible for List Prices s recently found on MarketAfrica.com; these prices total belong to the advertiser. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on MarketAfrica. With respect to items sold by MarketAfrica, we are totally not legally responsible for Advertiser’s List Price as advertised and published within an Advertisement.

APP PERMISSIONS

When you use apps created by MarketAfrica, such as the MarketAfrica App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any MarketAfrica Service if you are the subject of Republic of Kenya or of sanctions consistent with Republic of Kenya law imposed by the governments of the country where you are using MarketAfrica Services. You must comply with all Republic of Kenya or other export and re-export restrictions that may apply to goods, software (including MarketAfrica Software), technology, and services.

OTHER BUSINESSES

Parties other than MarketAfrica.com, operate stores, provide services or software, or sell product lines through the MarketAfrica Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from MarketAfrica. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). MarketAfrica does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MARKETAFRICA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETAFRICA SERVICES ARE PROVIDED BY MARKETAFRICA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MARKETAFRICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARKETAFRICA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETAFRICA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARKETAFRICA SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, MARKETAFRICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKETAFRICA DOES NOT WARRANT THAT THE MARKETAFRICA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARKETAFRICA SERVICES, MARKETAFRICA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MARKETAFRICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MARKETAFRICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MARKETAFRICA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MARKETAFRICA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any MarketAfrica Service, or to any products or services sold or distributed by MarketAfrica or through MarketAfrica.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Republic of Kenya laws on Arbitration apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent OPTIMUM REGISTRARS – Certified Public Secretaries; 2nd Floor, North Wing, Mpaka House; Mpaka Road, Westlands; P. O. Box Nairobi, Kenya; Tel: +254 202 019537/ +254 713703 418.

MarketAfrica will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any MarketAfrica Service, you agree that the Republic of Kenya applicable Arbitration Act, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MarketAfrica.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of MarketAfrica Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

K-Bay International Limited

c/o MarketAfrica.com

P.O. Box 24950 – 00100,

Nairobi, Kenya.

EAST AFRICA

https://www.MarketAfrica.com

ADDITIONAL MARKETAFRICA SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with MarketAfrica Services (the “MarketAfrica Software”).

• Use of the MarketAfrica Software. You may use MarketAfrica Software solely for purposes of enabling you to use the MarketAfrica Services as provided by MarketAfrica, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the MarketAfrica Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the MarketAfrica Software in whole or in part. All software used in any MarketAfrica Service is the property of MarketAfrica or its software suppliers and is protected by Republic of Kenya and international copyright laws.
• Use of Third Party Services. When you use the MarketAfrica Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
• No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the MarketAfrica Software, whether in whole or in part.
• Updates. We may offer automatic or manual updates to the MarketAfrica Software at any time and without notice to you.
• Government End Users. If you are a Republic of Kenya Government end user, we are licensing the MarketAfrica Software to you as a “Commercial Item” and the rights we grant you to the MarketAfrica Software are the same as the rights we grant to all others under these Conditions of Use.
• Conflicts. In the event of any conflict between these Conditions of Use and any other MarketAfrica or third-party terms applicable to any portion of MarketAfrica Software, such as open-source license terms, such other terms will control as to that portion of the MarketAfrica Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

MarketAfrica accepts service of subpoenas or other legal process only through MarketAfrica’s national registered agent, OPTIMUM REGISTRARS. Subpoenas or other legal process may be served by sending them to CSC at the following address:

OPTIMUM REGISTRARS

Certified Public Secretaries

2nd Floor, North Wing, Mpaka House

Mpaka Road, Westlands.

P. O. Box 70289 – 00400

Nairobi, Kenya.

EAST AFRICA.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for MarketAfrica devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint to support@marketafrica.com.. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

OPTIMUM REGISTRARS

Certified Public Secretaries

2nd Floor, North Wing, Mpaka House

Mpaka Road, Westlands.

P. O. Box 70289 – 00400

Nairobi, Kenya.

EAST AFRICA.

e-mail: optimumregistrars@gmail.com

Courier address:

OPTIMUM REGISTRARS

Certified Public Secretaries

2nd Floor, North Wing, Mpaka House

Mpaka Road, Westlands.

Nairobi, Kenya.

EAST AFRICA.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.