Mzinyi Terms and Conditions

1. Introduction

Welcome to Mzinyi ("Platform", "administrator", "we", "us", or "our"). These Terms and Conditions govern your use of our website and services. By accessing or using Mzinyi, you agree to be bound by these Terms.

Mzinyi operates as an e-commerce platform operating as a SaaS, consisting of a website and mobile application marketplace together with supporting IT, logistics, and payment infrastructure for the sale and purchase of consumer products and services ("products").

If you disagree with these general terms and conditions, or any part of them, you must not use our marketplace.

If you use our marketplace in the course of a business or organizational project, you confirm that you have authority to agree to these terms, bind yourself and the relevant business or legal entity, and agree that "you" refers to both the individual user and that entity unless the context requires otherwise.

2. Company Information

Mzinyi is an e-commerce company operating as a SaaS, duly registered and operating in Kenya. Mzinyi is an online marketplace that connects buyers and independent sellers. We do not own, manufacture, or control the products listed by sellers.

3. Registration and Account

1. You may not register with our marketplace if you are under 18 years of age. By using our marketplace or agreeing to these terms, you warrant and represent that you are at least 18 years of age.
2. You may create an account as an individual or as an authorized representative of a company.
3. When registering, you agree to provide accurate information, keep your password confidential, notify us immediately if you become aware of password disclosure, and accept responsibility for activity arising from failure to keep your password confidential.
4. Your account shall be used exclusively by you and shall not be transferred to any third party. If you authorize a third party to manage your account, this is at your own risk.
5. You are solely responsible for safeguarding account access details and are fully responsible and liable for activity performed using those details.
6. We reserve the right to suspend or terminate your account, or restrict access to the Service, with or without notice, if you breach these Terms, if suspicious activity is detected, or if we reasonably believe you are engaging in fraud, scams, duplicate profiles, or misuse of the Service.
7. You agree to immediately notify us of unauthorized or suspected unauthorized use of your account or any other breach of security. We cannot and will not be liable for loss or damage arising from failure to comply with these requirements.

4. Products and Pricing

1. The seller's terms of business govern the contract for sale and purchase between the buyer and seller.
2. The price for a product will be as stated in the relevant product listing and must include all taxes and comply with applicable laws.
3. Delivery, packaging, handling, administrative, insurance, and ancillary costs are payable only if expressly and clearly stated in the product listing. Digital products may be delivered electronically.
4. A contract for sale and purchase comes into force between buyer and seller when the buyer confirms purchase via the marketplace.

5. Terms and Conditions of Sale

1. The marketplace provides an online location for sellers to sell and buyers to purchase products.
2. The administrator is not an importer, manufacturer, distributor, seller, or provider of items or services posted by users on the Platform.
3. Users are solely responsible for collecting and remitting applicable taxes resulting from sales of goods or services posted on the Platform.
4. Products must be of satisfactory quality, fit and safe for any specified purpose, and conform in all material respects to the product listing and descriptions supplied by the seller.
5. For physical products, the seller warrants good title and the right to supply the products, and that products are not subject to third party rights or restrictions. For digital products, the seller warrants the right to supply them to the buyer.
6. The seller must disclose product terms, conditions, warranties, and other necessary usage information in the specification section of each product page.
7. You guarantee that your products are legal and do not infringe any rights.
8. Sellers are responsible for delivery timelines. Mzinyi is not liable for delays caused by sellers or logistics providers. Estimated delivery dates are not guaranteed.

6. Terms of Payment

1. You must make payments due under these terms in accordance with the Payments Information and Guidelines on the marketplace.
2. You are encouraged to check goods before closing a ticket and to request documents confirming compliance with applicable requirements, laws, regulations, rules, guidelines, and standards.
3. The administrator shall receive payments made for products until the transaction is complete, after which amounts owed will be paid to the seller as soon as possible.
4. You are solely responsible for your safety. Meetings for transaction completion should take place only in safe public places during daylight hours. You are responsible for due diligence on any person or organization requesting a meeting. The administrator disclaims responsibility for user interactions.

7. Returns and Refunds

1. Return of products by buyers and acceptance of returned products by sellers shall be under our discretion and managed by Mzinyi according to the returns page on our platform.
2. The returns page may be amended from time to time. Acceptance of returns is in our discretion, subject to applicable laws.
3. Refunds for returned products shall be managed according to the refunds page on the marketplace, as amended from time to time.
4. Refunds may be offered in our discretion for product price, local or international shipping fees, and by store credits, vouchers, mobile money transfer, bank transfers, or other methods we determine.
5. Returned products shall be accepted and refunds issued by Mzinyi, acting for and on behalf of the seller.
6. Changes to returns or refunds pages apply to purchases made from the date of publication of the change on our website.

8. Indemnity

You agree to indemnify and hold harmless the administrator, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, partners, officers, directors, employees, agents, and representatives from claims, losses, damages, costs, liabilities, and expenses arising directly or indirectly from your use of our marketplace or breach of these terms, codes, policies, or guidelines.

You also indemnify us for any VAT liability or other tax liability incurred in relation to any sale, supply, or purchase made through our marketplace where that liability arises from your failure to properly pay, withhold, declare, or register to pay tax due in any jurisdiction.

9. Promotions and Cookies

We use cookies to improve user experience. Promotions and competitions run by Mzinyi shall be managed in accordance with applicable Promotions Terms and Conditions provided on the platform.

10. Limitation of Liability

1. The limitations and exclusions of liability in these terms are subject to applicable laws of Kenya.
2. Nothing in these terms limits or excludes liabilities in a way not permitted under applicable law.
3. We and our affiliates shall not be liable for lost profit or indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or use of, or inability to use, the Service or third-party ads.
4. Access to and use of the Service and third-party ads are at your own discretion and risk. You are solely responsible for damage to your computing system or data loss resulting from use.
5. Our aggregate liability to you for claims arising from use of the Service or content of announcements is limited to the lesser of the amounts you paid to us during the six months before the cause of action arose.
6. You agree not to bring claims personally against our officers or employees for losses suffered in connection with the marketplace or these terms. This does not limit the liability of the limited liability entity itself for acts or omissions of officers and employees.
7. Our marketplace includes hyperlinks to third-party websites. Such links are not recommendations. We have no control over third-party websites and accept no responsibility for them or for loss or damage arising from their use.

11. Variation

We may revise these general terms and conditions, seller terms and conditions, and Mzinyi codes, policies, and guidelines from time to time. Revised terms apply from the date of publication on the marketplace.

12. Assignment

You agree that we may transfer and assign any rights and obligations under these Terms to any other person, including by novation, and by accepting these Terms you consent to such transfer or assignment. You may not assign, transfer, subcontract, or otherwise deal with your rights or obligations under these terms without our prior written consent.

13. Governing Law and Jurisdiction

These Terms shall be governed in accordance with the laws of Kenya. Any dispute, controversy, or claim arising out of or in connection with this contract, including breach, termination, or invalidity, shall be settled by arbitration in accordance with the NCIA Arbitration Rules. The language of the arbitral proceedings shall be English.

14. Intellectual Property and Miscellaneous Provisions

All content, trademarks, and logos associated with Mzinyi are protected by copyright laws and are the exclusive property of Mzinyi Technologies Hub.

If any provision of these terms is deemed unlawful or unenforceable and any part is deleted, the rest of the provision will continue in effect. If we fail to take action with respect to your breach of these Terms, we remain entitled to use our rights and remedies in any other situation where you breach them. The administrator is not liable for failure to comply with these Terms to the extent that failure arises from factors outside the administrator's reasonable control.

15. Appendix