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The Marketplace Terms and Conditions

1. Introduction
1.1 Welcome to The Marketplace, a platform that connects buyers and sellers of goods and services (“Marketplace”).

1.2 These Terms and Conditions (“Terms”) govern your use of the Marketplace and any services provided by The Marketplace Operator (“we”, “us”, or “our”).
1.3 By using the Marketplace, you agree to be bound by these Terms.

2. Definitions
2.1 “Buyer” means a user who purchases goods or services from a Seller through the Marketplace.
2.2 “Seller” means a user who sells goods or services through the Marketplace.
2.3 “User” means a Buyer, Seller, or any other person who uses the Marketplace.

3. Eligibility
3.1 To use the Marketplace, you must be at least 18 years old and have the capacity to enter into a binding contract.
3.2 If you are using the Marketplace on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms.

4. User Accounts
4.1 To use the Marketplace, you may need to create a user account (“Account”).
4.2 You must provide accurate and complete information when creating your Account.
4.3 You are responsible for maintaining the confidentiality and security of your Account login credentials.

5. Prohibited Activities
5.1 You must not use the Marketplace for any unlawful or unauthorized purposes.
5.2 You must not:
* Post or transmit any content that is false, misleading, or defamatory;
* Infringe the intellectual property rights of others;
* Engage in any harassing, threatening, or abusive behavior;
* Interfere with or disrupt the operation of the Marketplace;
* Use the Marketplace to collect or store personal data about other Users without their consent.

6. Buying and Selling
6.1 Buyers and Sellers must comply with all applicable laws and regulations when buying and selling through the Marketplace.
6.2 Sellers are responsible for:
* Providing accurate and complete descriptions of their goods and services;
* Setting prices for their goods and services;
* Complying with all applicable laws and regulations regarding the sale of their goods and services.
6.3 Buyers are responsible for:
* Paying for goods and services in accordance with the Marketplace’s payment terms;
* Complying with all applicable laws and regulations regarding the purchase of goods and services.

7. Payment Terms
7.1 The Marketplace may offer various payment methods, including online payment processing services.
7.2 Buyers must pay for goods and services in accordance with the Marketplace’s payment terms.
7.3 Sellers will receive payment for their goods and services in accordance with the Marketplace’s payment terms, as follows:
* Payment will be made immediately the Buyer has confirmed receipt of the goods or services;
* Payment will be made via Bank or Mpesa
* The Marketplace reserves the right to withhold payment to Sellers in cases where the Buyer has disputed the transaction or where the Seller has failed to comply with these Terms.

* The Marketplace shall and will not be liable for any private arrangements made (inform of trade or any other) between any buyer and; or seller using The Marketplace.

* Any order paid for outside our online payment prompt or Till Number: 5270035 shall and will be considered invalid and the seller will and must take full responsibility for the order ie. delivery, repair and refund.

8. Seller Fees
8.1 The Marketplace charges Sellers a fee for using the Marketplace
8.2 The Seller Fee will be deducted from the payment made to the Seller for each transaction.
8.3 The Seller Fee is 1% of the transaction amount.

9. Refunds and Disputes
9.1 Buyers may request a refund or dispute a transaction if the goods or services received do not match the description provided by the Seller.
9.2 Sellers must respond to refund and dispute requests in a timely and professional manner.
9.3 The Marketplace reserves the right to mediate disputes between Buyers and Sellers and to make a final decision on refund and dispute requests.

10. Intellectual Property
10.1 The Marketplace and all content on the Marketplace are protected by copyright, trademark, and other intellectual property laws.
10.2 You must not reproduce, distribute, or display any content on the Marketplace without our prior written consent.

11. Disclaimers and Limitations of liability
11.1 The Marketplace is provided on an “as is” and “as available” basis.
11.2 We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.3 We will not be liable for any damages, losses, or expenses arising from:
* Your use of the Marketplace;
* Any content posted or transmitted through the Marketplace;
* Any transactions or interactions between Buyers and Sellers;
* Any unauthorized access to or use of your Account.

Here is the rest of the Terms and Conditions:

12. Termination
12.1 We may terminate or suspend your Account and access to the Marketplace at any time, without notice, for any reason.
12.2 Upon termination, you must immediately stop using the Marketplace and remove any Marketplace content from your computer or other devices.

13. Governing Law and Jurisdiction
13.1 These Terms will be governed by and construed in accordance with the laws of Kenya.
13.2 Any disputes arising out of or in connection with these Terms will be resolved through the court of law

14. Changes to these Terms
14.1 We may modify these Terms at any time, without notice.
14.2 Your continued use of the Marketplace after any changes to these Terms will constitute your acceptance of those changes.

15. Contact Us
15.1 If you have any questions or concerns about these Terms or the Marketplace, please contact us at
Mail: info@themarketplace.co.ke

By using the Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms.