General Terms and Conditions

1. Introduction.

Technerve Kenya operates an e-commerce platform consisting of a website, together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Kenya (“territory”).

1.2. These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

1.3. By using our Technerve Kenya marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use Technerve Kenya marketplace.

1.4. If you use our marketplace in the course of a business or other organizational project, then by so doing you:

1.4.1. confirm that you have obtained the necessary authority to agree to these general terms and conditions;

1.4.2. bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and

1.4.3. agree that “you” in these general terms and conditions shall reference 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 general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

2.2. You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.

2.3. You represent and warrant that all information provided in the registration form is complete and accurate.

2.4. If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:

2.4.1. keep your password confidential;

2.4.2. notify us in writing immediately (using our contact email address) if you become aware of any disclosure of your password; and

2.4.3. be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.

2.5. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

2.6. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.

2.7. You may cancel your account on our marketplace by contacting us as provided at section 23.

3. Terms and conditions of sale.

3.1. You acknowledge and agree that:
3.1.1. the Technerve Kenya provides an online location for buyers to purchase products;

3.2. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

3.2.1. the price for a product will be as stated in the relevant product listing;

3.2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;

3.2.3. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;

3.2.4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and

3.2.5. the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions including in respect of third-party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.