Terms & Conditions

1. INTERPRETATION
Definitions:
“Buyer” means a person purchasing goods from a Seller on the SheMarketplace online marketplace.
“Online Marketplace” means a platform provided by Branding Beyond Borders for selling and buying of goods and services.
“Organisation” means Branding Beyond Borders with correspondence address of Kindaruma Road, Blue Violets Plaza, Nairobi Kenya.
“Seller” means a person selling off his/her goods on the online marketplace.
“Terms and Conditions”: means the terms and conditions of Membership set out below.
“Website”: means the organization’s website https://SheMarketplace.org where the online marketplace shall take place.

2. UNACCEPTABLE PRACTICES
As SheMarketplace strives to offer the very best service, there are certain guidelines and policies that must govern SheMarketplace’s efforts and relationships with its clients. Goods and services prohibited from selling on the platform include, but
are not limited to:
• Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
• Sexually oriented products or services (e.g. escort services, dildos), or other sexually oriented material
• Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
• Offensive or otherwise distasteful material
• Distribution of internet viruses or other harmful or destructive activities
• Hacking and cracking
• Scams or phishing for personal information
• Illegal Gambling, gaming, lotteries, and like activities
• Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic,
ethnically offensive, complaint websites, or otherwise objectionable content or language
• Defamatory, hateful or revenge content or language.
• Aids to pass drug tests or aids to pass lie detector tests.
• Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism,
• Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
• MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products.

• Illegal drugs or drug paraphernalia
• Fake documents
• Intentional or unintentional violations of any applicable local, state, national or international law.
• Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
• Links to other sites that are in violation of SheMarketplace’s policies and guidelines.

3. SheMarketplace’s role as a marketplace
You acknowledge that:
• We do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
• We do not check, audit or monitor all information contained in listings;
• We are not party to any contract for the sale or purchase of products advertised on the marketplace;
• We are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace platform for buyers and sellers;
• We are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

4. Representations and Warranties
4.1 You represent and warrant that you have and will continue to have the absolute and unrestricted right to sell the products/services and that the content does not infringe on the rights of any third party and that it complies with all laws and regulations.
4.2. We do not warrant or represent:
• the completeness or accuracy of the information published on our marketplace;
• that the material on the marketplace is up to date;
• that the marketplace will operate without fault; or
• that the marketplace or any service on the marketplace will remain available.

5. Payments
You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

6. Indemnification
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless SheMarketplace against all costs (including advocate fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party.
To the full extent of the law, you will pay any expenses or damages to SheMarketplace resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

7. Caveat Emptor
7.1 Each buyer is responsible for performing the necessary due diligence before the purchase of any item on the online marketplace to ensure that a good is not defective and that it suits his/her needs. If the buyer fails to perform the necessary actions, he or she will not be entitled to any remedies for damages in case the purchased product shows significant defects from SheMarketplace.
7.2 We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
7.3 You agree to provide to us all such information, documentation and access to your business premises as we may require:
• 7.3.1. in order to verify your adherence to, and performance of, your obligations under this Agreement;
• 7.3.2 for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
• 7.3.3. as otherwise required by law or applicable regulation.

8. Data Protection & privacy policy
8.1 The privacy of your personal information is important to us. A Member’s Personal Information will be handled in accordance with the Privacy Policy available on SheMarketplace Website or on request.
8.2 By agreeing to these terms and conditions you agree to the collection, disclosure and use of your personal information as described in our Privacy Policy.

9. Copyright and trademarks
9.1. Subject to the express provisions of these general terms and conditions:
• 9.1.1. We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
• 9.1.2. All the copyright and other intellectual property rights in our website and the material on our website are reserved.
9.2. SheMarketplace’s logos and our other registered and unregistered trademarks are
trademarks belonging to us; we give no permission for the use of these
trademarks, and such use may constitute an infringement of our rights.
9.3. The third party registered and unregistered trademarks or service marks on
our website are the property of their respective owners and we do not endorse
and are not affiliated with any of the holders of any such rights and as such we
cannot grant any license to exercise such rights.

10. Severance.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.

11. Liability
SheMarketplace will not be liable to you for any loss or damage of any nature, including in respect of:
11.1. any losses occasioned by any interruption or dysfunction to the website;
11.2. any losses arising out of any event or events beyond our reasonable control;
11.3. any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
11.4. any loss or corruption of any data, database or software; or
11.5. any special, indirect or consequential loss or damage.

12. Breach of these general terms and conditions
12.1. If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
12.2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any SheMarketplace codes, policies or guidelines in any way we may:
• Temporarily suspend your access to our marketplace;
• Permanently prohibit you from accessing our marketplace;
• Block computers using your IP address from accessing our marketplace; contact any or all of your internet service providers and request   that they block your access to our marketplace;
• Suspend or delete your account on our marketplace; and/or
• Commence legal action against you, whether for breach of contract or otherwise.
• Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation
We may revise these general terms and conditions, policies and guidelines from time to time.
The revised general terms and conditions shall apply from the date of publication on the marketplace.

14. Governing law.
These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of Kenya.