Terms & Conditions – BuyKenya.Org

Terms and Conditions

1. Introduction

The purpose of this Terms of Use is to prescribe the matters related to the condition of use and the procedure of the services provided by the “BuyKenya.Org” website(www.buykenya.org), a market place to facilitate.

2. Usage

This Terms of Use is displayed on the Platform (www.buykenya.org) where services as explained in 3.0 (“Services”) are offered to “Members” (refers to the “customers” who obtains membership as described in 5.0 below.
This Terms of Use prescribes general information on the Service Use Agreement made between BuyKenya.Org and Members. BuyKenya.Org may amend the Terms and notify the amended Terms to Members if necessary.
When BuyKenya.Org wishes to amend the Terms, it shall specify and notify the effective date of the amended Terms of Use and the cause of such amendment from seven to one day before the effective date.
By agreeing to this Terms of Use, Members shall comply with this Terms of Use and the Site Use Policy displayed to the Members by BuyKenya.Org.

3. Services

BuyKenya.Org is a digital platform that lists and advertises Kenyan businesses, producers, manufacturers, exporters and service providers to make them accessible to local and international buyers and hence facilitate international trade and e-commerce.

4. Principle of Use Agreement

To make a service contract (“Use Agreement”) between the memberr and BuyKenya.Org, the ember shall enter the user information into the prescribed form set by BuyKenya.Org and agree to this Terms of Use.
Only the member who is permitted to use the platform(buykenya.org) by the BuyKenya.Org manager is entitled to obtain membership and use services to prevent any disputes that may arise in business relations between Members.

5. Application

The applicant who wishes to use Services shall enter the following information in accordance with the membership application form provided by BuyKenya.org online.

Essential Information : ID(Email), Password, Name, Telephone Number, Company name, Company CEO name, Company Address, Number of Employees, Annual Sales, Products of Interest (HS CODE).
Optional Information: Job Position, Mobile, Fax, Company Homepage Address, Year of Company Establishment, Company Business Type, Company Introduction and other company documents.

6. Acceptance of Application

When the applicant enters the information specified in Section 5.1 and agree to this Terms of Use, the manager shall check the information entered and may accept the application.
If BUYKENYA.ORG cannot identify whether the information entered by an applicant is true, BUYKENYA.ORG may request the applicant to submit more information and evidence thereto.
The applicant who is accepted by BUYKENYA.ORG manager obtains membership as a member of BUYKENYA.ORG and can use the Services.
The applicant who has been issued with an ID shall assume the legal responsibility for compliance with any contracts made and payments required.

7. Rejection and Suspension of Application

BUYKENYA.ORG may reject the application for the following cases

[Example]

1. The name entered into the prescribed form is not right or false.
2. The information entered is false.
3. The application is illegal or unreasonable.
BUYKENYA.ORG may suspend the application. At the time of such suspension, BUYKENYA.ORG shall notify the cause of the suspension, period of time allowed to submit any additional information requested by BUYKENYA.ORG, or additional information or evidence needed for acceptance of the application through e-mail or other methods.

8. Termination of Use Agreement

1.Termination by MEMBER
1. Member may terminate the Use Agreement by notifying his/her intention to terminate the Use Agreement to BUYKENYA.ORG. The Use Agreement is terminated when BUYKENYA.ORG identifies the intention of the termination.
2. Member shall complete, withdraw from, or cancel all ongoing contracts or purchase procedures before the intention of the termination is notified to BUYKENYA.ORG. The disadvantages caused by withdrawing from or canceling the ongoing contracts or purchase procedures shall be a burden to be borne by the member.
3. A memberr who terminates the Use Agreement may re-apply to BuyKenya.Org after the termination in accordance with the application procedure specified in the Terms of Use.
Termination by BUYKENYA.ORG
1. BUYKENYA.ORG may terminate the Use Agreement without any notice in the following cases:
  1. A member violates the regulation set by BUYKENYA.ORG when the Member transacts business with another Member.
  2. A member has business relations or attempts to do business by violating this Terms of Use or the regulation set by BUYKENYA.ORG
  3. A Member infringes the right of BUYKENYA.ORG or Members, defames their reputation, impairs their credit, or otherwise disadvantages them.
  4. A Member disturbs or attempts to disturb BUYKENYA.ORG.
  5. A Member forces business transactions via negotiation, contract, and order even if the Member does not intend to trade in products.
  6. A Member distributes contents against public morals or public order.
  7. A Member defames other Member’s reputation or disadvantages other Members.
  8. A Member sends a large amount of unsolicited information or spam to disturb the stable operation of Services.
  9. A Member distributes computer virus programs that cause malfunction of information communication facilities or provide incorrect information.
  10. A Member infringes intellectual property right of BUYKENYA.ORG, other Members, or the 3rd party. For examples:
    1. A Member illegally uses the personal information such as user ID and password of other Members.
    2. A Member posts obscene materials on the bulletin board or links to obscene sites.
    3. A Member violates other agreements or related laws.
2. 2BUYKENYA.ORG may give an opportunity for the Member to express his/her opinion about the reason for termination before or after the termination.
3. 3The damages caused by the termination of the Use Agreement shall be a burden borne by the Member whose membership is expired by the termination.

9. Collection of Personal Information

1.BUYKENYA.ORG may collect the minimum information required for implementing purchase contracts. The information specified in Section 5.1 shall be essentially included, and other information shall be optional.
The personal information provided by BUYKENYA.ORG shall be used only for prompt and safe transactions, and shall not be used for other purposes. However, if the corresponding Member allows using the information for other purposes, the information may be used.

10. Offer and Share of Personal Information

1.BUYKENYA.ORG may use personal information (except for the information displayed on the Internet website (buykenya.org) such as user ID, name, etc.) in other online sites directly operated by BUYKENYA.ORG for the following purpose of the collection; use, seamless service, and service expansion, which are mentioned when the information is collected, and shall not use the information for other purposes. However, if the data subject allows use of his/her the information, the information may be used.
BUYKENYA.ORG shall not provide personal information collected to a 3rd party without the permission of the data subject except in the following cases:
1. When the personal information is required for delivering products, the necessary information(name, address, phone number, etc.) is provided to the carrier.
2. When law allows the use of the information of a Member or a 3rd party.
3. When the personal information is required for seamless transactions between Members.
4. When the personal information is required for ‘after sales service’ after the transaction ends.
.Seller‘s phone number may be displayed on the product information screen.
The information of a Member is provided to the counterpart for product Q&A and negotiation.

11. Protection of Personal information

Member always can view or change his/her information.
BUYKENYA.ORG shall make every effort to protect personal information, and a Member shall take proper measures to protect his/her information.

12. Storage of Personal information

1.When the Use Agreement with a Member is terminated, BUYKENYA.ORG shall stop collecting, using, providing the corresponding personal information and destroy such information immediately. However, personal information shall be retained in the following cases:
1. BUYKENYA.ORG shall retain personal information for a certain time period set by the related laws such as commercial law and customer protection law in e-commerce.
2. Even if the Use Agreement is expired, BUYKENYA.ORG may retain the information such as user ID, user name, phone number, address, and trade history for a certain time period for further management for a Member who has trade history.
3. BUYKENYA.ORG may retain personal data and the information relating to past transactions for a certain time period after the expiration or termination of Use Agreement to prevent any Member who has trade history attempting to disturb or restrict the Services by intentionally evading this Terms of Use.
4. BUYKENYA.ORG may retain some information(such as user ID, user name, phone number, address, and the information related to the termination of the Use Agreement and membership suspension) for a certain time period after the expiration or termination of Use Agreement to check if there is any cause to reject any re-application in the case where BUYKENYA.ORG terminates the Use Agreement or a Member’s membership is suspended.

13. Change and Management of Personal Information

1.When the Member’s information is incorrect, Member may correct such information by him/herself or BUYKENYA.ORG may request to correct such information to the Member immediately. If the information is determined as incorrect information, BUYKENYA.ORG may suspend the Services until the information is properly changed.
Member shall be responsible for the damages caused by failing to correct his/her information where such information had changed. BUYKENYA.ORG shall not assume the responsibility for such damages.
Member is responsible for managing his/her personal information such as user ID and password.
Member shall not transfer or lend his/her user ID and password to a 3rd party.
If personal information is thieved or used by a 3rd party, the Member shall notify the information leakage to BUYKENYA.ORG immediately after it comes to his/her knowledge, and follow the actions taken by BUYKENYA.ORG to manage and protect the personal information.

14. Limitation of Liability

To the maximum extent permitted by law, the Services provided by BUYKENYA.ORG on or through the platform(buykenya.org) are provided “as is”, “as available” and “with all faults”, and BUYKENYA.ORG hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. A such warranties, representations, conditions, and undertakings are hereby excluded.
To the maximum extent permitted by law, BUYKENYA.ORG makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or current of any information provided on or through the platform; BUYKENYA.ORG does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any 3rd party rights; and BUYKENYA.ORG makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
.Any material downloaded or otherwise obtained through the platform(buykenya.org) or Services is done at each Member’s sole discretion and risk and each Member is solely responsible for any damage to its own or to BUYKENYA.ORG’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from BUYKENYA.ORG or through or from the Internet website (buykenya.org) shall create any warranty not expressly stated herein.
The platform (buykenya.org) may make available to “Services” or products provided by independent 3rd parties. No warranty or representation is made with regard to such services or products. In no event shall BUYKENYA.ORG be held liable for any such services or products.
Each Member hereby agrees to indemnify and save BUYKENYA.ORG, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member’s access to or use of the Platform(buykenya.org) or Services (including but not limited to the display of such Member’s information on the Platform) or from Member’s breach of any of the terms and conditions of the Terms of Use. Each Member hereby further agrees to indemnify and save BUYKENYA.ORG, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Member’s breach of any representations and warranties made by Member to BUYKENYA.ORG.
Each Member hereby further agrees to indemnify and save BUYKENYA.ORG, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by 3rd Party Rights claimants or other 3rd parties relating to products offered or displayed on the Platform. Each Member hereby further agrees that BUYKENYA.ORG is not responsible and shall have no liability to Members, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Member. BUYKENYA.ORG reserves the right, at own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, in which event Member shall cooperate with BUYKENYA.ORG in asserting any available defenses.
BUYKENYA.ORG shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
1. the use or the inability to use the Platform(buykenya.org) or Services.
2. any defect in goods, samples, data, information or services purchased or obtained from a Member or any other 3rd party through the Platform(buykenya.org) or Services.
3. violation of 3rd Party Rights or claims or demands that Member’s manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Internet website (buykenya.org) or through the Services may violate or may be asserted to violate 3rd Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by 3rd Party Rights claimants.
4. unauthorized access by 3rd parties to data or private information of any Member.
5. acquisition of information not provided by BUYKENYA.ORG or on the Platform(buykenya.org)
6. statements or conduct of any Member of the Platform(buykenya.org) or Services; or;
7. any matters relating to the Platform(buykenya.org) or Services, however arising, including negligence.

15. Force Majeure

Under no circumstances shall BUYKENYA.ORG be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond BUYKENYA.ORG’s reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of 3rd parties.

16. Related Law and Jurisdiction

Any dispute which may arise between BUYKENYA.ORG and a member in relation to Services and this Terms of Use shall be governed by the law of Republic of Kenya. All the law suits related with this dispute shall be exclusively brought in the courts of Republic of Kenya, which has jurisdiction of the Code of Civil Procedure of Republic of Kenya.
Any dispute which may arise between members in relation to transactions shall be governed by the law and court set forth in the agreement made during transaction, and BUYKENYA.ORG shall not assume the responsibility for the dispute.