Terms and Conditions
Last updated July 29, 2024
Contents
- Introduction
- Registration and Account
- Terms and Conditions of Sale
- Returns and Refunds
- Payments
- Store Credit
- Promotions
- Rules About Your Content
- Our Rights to Use Your Content
- Use of Website and Mobile Applications
- Intellectual Property Rights
- Data Privacy
- Due Diligence and Audit Rights
- NetMart Kenya’s Role as a Marketplace
- Limitations and Exclusions of Liability
- Indemnification
- Breaches of These General Terms and Conditions
- Entire Agreement
- Hierarchy
- Variation
- No Waiver
- Severability
- Assignment
- Software
- Third Party Rights
- Law and Jurisdiction
- Our Company Details and Notices
1. Introduction
1.1 We are NETMART TELECOMMUNICATIONS, doing business as NETMART KENYA and NETMART (“Company,” “we,” “us,” “our”).We operate the website https://netmart.co.ke (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”), alongside supporting IT, logistics, and payment infrastructure for the sale and purchase of consumer products and services (“products”) in its designated territory.
1.2 These general terms and conditions apply to both buyers and sellers on the marketplace and govern your use of the marketplace and related services.
1.3 By using our marketplace, you accept these general terms and conditions in full. If you disagree with these terms, you must not use our marketplace.
1.4 If you use our marketplace as part of a business or organizational project, you: 1.4.1 confirm that you have the authority to agree to these general terms and conditions; 1.4.2 bind both yourself and the person, company, or other legal entity operating that business or project to these terms; and 1.4.3 agree that “you” refers to both the individual user and the relevant person, company, or legal entity unless the context requires otherwise.
2. Registration and Account
2.1 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 that you are at least 18 years old.
2.2 If you register for an account, you will be asked to provide an email address/user ID and password and you agree to: 2.2.1 keep your password confidential; 2.2.2 notify us immediately if you become aware of any unauthorized use of your account; and 2.2.3 be responsible for any activity on your account arising from any failure to keep your password confidential.
2.3 Your account is for your exclusive use and must not be transferred to any third party.
2.4 We may suspend or cancel your account, and/or edit your account details, at any time at our discretion and without notice or explanation. If we cancel any products or services you have paid for but not received, and you have not breached these terms, we will refund you accordingly.
2.5 You may cancel your account by contacting us using the details provided in section 27.
3. Terms and Conditions of Sale
3.1 You acknowledge and agree that: 3.1.1 the marketplace provides a platform for sellers to sell and buyers to purchase products; 3.1.2 we accept binding sales on behalf of sellers, but unless NetMart is indicated as the seller, NetMart is not a party to the transaction between the seller and the buyer; and 3.1.3 a contract for the sale and purchase of a product will come into force between the buyer and seller upon the buyer’s confirmation of purchase via the marketplace.
3.2 Subject to these terms, the seller’s terms of business govern the contract for sale and purchase. The following provisions will be incorporated into the contract: 3.2.1 the price for a product will be as stated in the product listing; 3.2.2 the price must include all taxes and comply with applicable laws; 3.2.3 any additional charges must be clearly stated in the product listing; 3.2.4 products must be of satisfactory quality, fit for purpose, and conform to the description provided; 3.2.5 the seller warrants that they have the right to supply the products and that they are free from any third-party rights or restrictions.
4. Returns and Refunds
4.1 Returns of products and acceptance of returned products will be managed in accordance with the returns policy on the marketplace.
4.2 Refunds will be managed in accordance with the refunds policy on the marketplace. We may offer refunds in our discretion: 4.2.1 in respect of the product price; 4.2.2 in respect of shipping fees, as stated on the refunds page; and 4.2.3 by way of store credits, vouchers, or other methods as we may determine.
4.3 Returned products will be accepted, and refunds issued by NetMart on behalf of the seller. In the case of digital products or services, refunds are subject to the seller’s terms and conditions.
4.4 Changes to our returns or refunds policy will be effective for all purchases made from the date of publication of the change on our website.
5. Payments
5.1 Payments must be made in accordance with the Payment Information and Guidelines on the marketplace.
6. Store Credit
6.1 Store credits may be earned and managed in accordance with the NetMart Store Credit Terms and Conditions. NetMart reserves the right to cancel or withdraw store credit rewards at its discretion.
7. Promotions
7.1 Promotions and competitions run by NetMart will be managed in accordance with the Promotions Terms and Conditions.
8. Rules About Your Content
8.1 “Your content” means all works and materials that you submit to us or our marketplace, including communications, product reviews, feedback, and comments.
8.2 Your content must be accurate, complete, and truthful.
8.3 Your content must be appropriate and must not: 8.3.1 be offensive, obscene, or indecent; 8.3.2 depict violence gratuitously; 8.3.3 be blasphemous or discriminatory; 8.3.4 be fraudulent or threatening; 8.3.5 cause annoyance or inconvenience; or 8.3.6 constitute spam.
8.4 Your content must not infringe any legal rights, including intellectual property rights.
8.5 You must not link to any material that would breach these terms.
8.6 We may review and remove any content at our discretion.
9. Our Rights to Use Your Content
9.1 You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, and distribute your content on our marketplace and across our marketing channels.
9.2 You grant us the right to sub-license these rights and to bring an action for infringement of these rights.
9.3 You waive all your moral rights in your content to the maximum extent permitted by law.
10. Use of Website and Mobile Applications
10.1 You may: 10.1.1 view pages from our website in a web browser; 10.1.2 download pages for caching in a web browser; 10.1.3 print pages for personal use; 10.1.4 stream audio and video files from our website; and 10.1.5 use our marketplace services by means of a web browser.
10.2 You must not download any material from our website or save any material to your computer except as expressly permitted. 10.3 You must not edit or otherwise modify any material on our website.
10.4 You must not use our website in any way that causes or may cause damage to the website or impairment of the performance, availability, or accessibility of the website.
11. Intellectual Property Rights
11.1 We, along with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website.
11.2 NetMart’s logos and other registered and unregistered trademarks are our property. Unauthorized use of these trademarks is prohibited.
12. Data Privacy
12.1 Buyers agree to the processing of their personal data in accordance with our Privacy Notice and Cookie Notice.
12.2 We will process all personal data obtained through the marketplace in accordance with our Privacy Notice and Cookie Notice.
13. Due Diligence and Audit Rights
13.1 We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
13.2 You agree to provide us with all such information, documentation, and access to your business premises as we may require.
14. NetMart Kenya’s Role as a Marketplace
14.1 NetMart facilitates a marketplace for buyers and third-party sellers. NetMart is not responsible for the products sold by third-party sellers.
14.2 We commit to ensuring that the information relating to products on the marketplace is accurate and up-to-date.
15. Limitations and Exclusions of Liability
15.1 Nothing in these terms will: 15.1.1 limit any liabilities in a way not permitted by law; or 15.1.2 exclude any liabilities or statutory rights that cannot be excluded under applicable law.
16. Indemnification
16.1 You agree to indemnify and hold us harmless against any losses, damages, costs, liabilities, and expenses arising from: 16.1.1 any breach by you of these terms; or 16.1.2 your use of our marketplace.
17. Breaches of These General Terms and Conditions
17.1 If you breach these terms, or if we suspect you have breached these terms, we may: 17.1.1 send you a warning; 17.1.2 suspend your access to our marketplace; 17.1.3 permanently prohibit you from accessing our marketplace; and/or 17.1.4 commence legal action against you.
18. Entire Agreement
18.1 These general terms and conditions, together with our Privacy Notice, Cookie Notice, and Returns and Refunds Policy, constitute the entire agreement between you and NetMart in relation to your use of our marketplace.
19. Hierarchy
19.1 Should these general terms and conditions, our Privacy Notice, Cookie Notice, and Returns and Refunds Policy conflict, these terms and conditions shall prevail.
20. Variation
20.1 Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms
21. No Waiver
21.1 No waiver of any breach of these terms shall be deemed a waiver of any subsequent breach.
22. Severability
22.1 If any provision of these terms is deemed unlawful and/or unenforceable, the remaining provisions will continue in effect.
23. Assignment
23.1 You agree that we may assign, transfer, or subcontract our rights and obligations under these terms.
24. Software
24.1 We may include software for use in connection with our Services. If such software is accompanied by an end user
25. Third Party Rights
25.1 These terms are for the benefit of you and us and are not intended to benefit any third party.
26. Law and Jurisdiction
26.1 These terms shall be governed by and construed in accordance with the laws of Kenya.
27. Our Company Details and Notices
27.1 NetMart Kenya’s details:
