JUAKALISMART TERMS AND CONDITIONS OF USE

Introduction

Welcome to JuakaliSmart.

JuakaliSmart is owned and operated by Ingenious Innovations. For this website, "we", "us" and "our" all refer to JuakaliSmart, whereas, "user" refers to Juakali artisans, sellers or traders. JuakaliSmart is an online marketplace that allows its users to offer, sell and buy Juakali products and services in a variety of pricing formats and locations.

JuakaliSmart does not have possession of anything listed or sold through this website or application and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller, while we may provide pricing, postage, listing and other guidance in our services, such guidance is solely informational and you may decide to follow it or not. JuakaliSmart does not review users' listings or content. We have no control over, and do not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

The Site will have the following core features:-Individual/Company Profile - allows each User to display and edit basic information about its business, such as place of business and products and services offered, etc.; Products and price-list - allows each User to display and edit descriptions, specifications and images of their products along with the price. All prices displayed on the items are in Kenya Shillings(KES.) and where applicable, are inclusive of 16% VAT; and Unlimited Buyer access- allows each user to post on the sites for public display offers to buy products and services from other users of the Sites.

Terms and Conditions of Use

You confirm that you are at least 18 years of age or are accessing the site under the supervision of a parent or legal guardian. By using this website and/or application you accept and agree to be bound by these General Terms and Conditions of use, we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these General Terms and Conditions affects your statutory rights, either as a trader, consumer or otherwise. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this Site, for such things as accessing Juakali products sold by users on the site, gathering prior information regarding user's products and services and contacting the users. Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

User Agreement

This User Agreement is effective upon acceptance for those users who accept it through registration of a JuakaliSmart account, and from 3rd August 2019 for existing users.

The application requires registration or subscription of the users. Should you choose to register or subscribe, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. If you are registering with JuakaliSmart as a business entity, you represent that you have the authority to legally bind that entity and must comply with all applicable laws relating to online trading.

By completing the registration process and clicking the "I agree" button, you are indicating your consent to be bound by this agreement. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

Each User hereby represents, warrants and agrees that the use by such User of the application and the Sites shall not:

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1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
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2. be part of a scheme to defraud other users or other users of the application or for any other unlawful purpose;
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3. infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
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4. impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
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5. violate any applicable law, statute or regulation
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6. invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
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7. involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
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8. otherwise, create any liability for JuakaliSmart

We reserve the right to terminate accounts, remove or edit content or cancel orders at our discretion, but without charge to you.

Data Protection

JuakaliSmart cares about how your information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Once you voluntarily submit any information for publication on the site then you are deemed to have given consent to the publication of such information.

Please ensure any details you provide us with are true, correct, complete and up to date. Inform us immediately of any changes to those details. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.

Please do not supply your data to us if you do not wish us to collect it. JuakaliSmart shall; collect personal data as provided to us during the registration process; collect personal data from other parts of the website as required and; hold personal data relating to transactions the user enters into with ourselves and/or our suppliers

During the registration process, you agree to receive promotional emails from the Site. You can subsequently opt-out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

Liability

Except as expressly stated herein, JuakaliSmart makes no representations or warranties, either express or implied, of any kind with respect to products sold by its users, the operation of the JuakaliSmart services, or the information, content, materials or other services.

To the full extent permissible by law, JuakaliSmart hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. It further does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the products on its Internet website or otherwise relating to such materials or on any sites linked to this site.

Each User and other third parties hereby agrees that in no event shall JuakaliSmart be liable to the user(s) or any third parties while using our service, any inability to use and/or access the website, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any losses or damages arising from the use of or inability to use the website and/or application.

Governing law

Any claim relating to JuakaliSmart shall be governed by the laws of Kenya without regard to its conflict of law provisions to general terms and conditions applicable to the use of this website and/or application.

Modifications

JuakaliSmart reserves the right to change, upgrade, modify, limit or suspend its services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. It further reserves the right but shall not be obliged to introduce new features, functionalities, or conditions to its website and/or applications or future versions of the same. JuakaliSmart also reserves the right to make changes to our Terms of use and policies.

Severability

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.