Terms of Service
Last updated: December 2024
1. Introduction and Acceptance of Terms
Welcome to Konnekt Marketplace ("Konnekt," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Platform"). By accessing or using Konnekt, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Platform.
These Terms constitute a legally binding agreement between you and Konnekt. We may modify these Terms at any time by posting the revised Terms on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.
By using our Platform, you represent that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- "Account" means a unique account created for you to access our Platform and its features.
- "Buyer" means any user who purchases products or services through the Platform.
- "Content" means any text, images, videos, audio, or other materials uploaded, posted, or transmitted through the Platform.
- "Digital Products" means downloadable or electronically delivered products such as software, e-books, courses, templates, and other digital goods.
- "Listing" means any product or service offered for sale on the Platform.
- "Seller" means any user who offers products or services for sale through the Platform.
- "Services" means professional services offered by sellers, including but not limited to consulting, design, development, and other freelance services.
- "Transaction" means any purchase, sale, or exchange conducted through the Platform.
- "User" means any individual or entity that accesses or uses the Platform, including Buyers, Sellers, and visitors.
- "Wallet" means the virtual account within the Platform used to store funds, process payments, and receive payouts.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Platform, you must create an Account. When creating an Account, you agree to provide accurate, current, and complete information. You must keep your Account information updated at all times.
3.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to:
- Create a strong, unique password for your Account
- Not share your login credentials with any third party
- Immediately notify us of any unauthorized access or security breach
- Log out of your Account at the end of each session, especially on shared devices
- Enable two-factor authentication when available
3.3 Account Restrictions
You may only maintain one personal Account unless expressly authorized by Konnekt. We reserve the right to suspend, disable, or terminate Accounts that violate these Terms or engage in suspicious activity.
3.4 Session Management
For security purposes, your session may be automatically terminated after a period of inactivity. You will be required to log in again to continue using the Platform.
4. Seller Terms and Obligations
4.1 Seller Eligibility
To become a Seller on Konnekt, you must complete our seller application process and be approved by our team. Approval is at our sole discretion and may require verification of your identity, business credentials, and compliance with applicable laws.
4.2 KYC Verification
All Sellers must complete Know Your Customer (KYC) verification before listing products or receiving payouts. This includes providing:
- Valid government-issued identification
- Proof of address (utility bill, bank statement, etc.)
- Business registration documents (if applicable)
- Tax identification number (if applicable)
- Bank account or mobile money details for payouts
4.3 Listing Requirements
When creating Listings, Sellers must:
- Provide accurate and complete product descriptions
- Use high-quality, authentic images that accurately represent the product
- Set fair and transparent pricing
- Clearly state shipping costs, delivery times, and return policies
- Ensure products comply with all applicable laws and regulations
- Not list prohibited items as defined in Section 7
- Keep inventory levels accurate and up-to-date
4.4 Order Fulfillment
Sellers agree to fulfill orders promptly and professionally:
- Ship physical products within the stated processing time
- Deliver digital products immediately upon payment confirmation
- Provide tracking information for shipped orders
- Package products securely to prevent damage during transit
- Communicate proactively with Buyers about order status
- Honor stated return and refund policies
4.5 Seller Fees and Commissions
Konnekt charges commission fees on successful transactions. Current fee structures are displayed in your Seller Dashboard and may be updated with prior notice. Sellers are responsible for any applicable taxes on their earnings.
4.6 Payout Terms
Seller earnings are processed according to our payout schedule. Funds may be held for a period after order completion to allow for dispute resolution. Minimum payout thresholds may apply. Konnekt reserves the right to withhold payouts pending investigation of suspicious activity.
5. Buyer Terms and Obligations
5.1 Purchasing
When making purchases on Konnekt, Buyers agree to:
- Provide accurate shipping and contact information
- Pay the full purchase price including applicable taxes and shipping fees
- Review product descriptions and policies before purchasing
- Accept delivery of products at the specified address
- Inspect products promptly upon receipt
- Communicate with Sellers in good faith regarding any issues
5.2 Payment
All payments must be made through approved payment methods on the Platform. Buyers agree not to circumvent the payment system or conduct transactions outside the Platform for items discovered through Konnekt.
5.3 Returns and Refunds
Return and refund eligibility is determined by individual Seller policies and Konnekt's buyer protection program. Buyers must initiate disputes within 14 days of delivery for physical products. Digital products may have different return policies as specified by the Seller.
5.4 Reviews and Ratings
Buyers may leave reviews and ratings for completed transactions. Reviews must be honest, accurate, and based on actual experience with the product or Seller. Fraudulent, abusive, or manipulated reviews are prohibited and may result in Account suspension.
6. Payments and Transactions
6.1 Payment Processing
Konnekt partners with third-party payment processors to facilitate transactions. By using the Platform, you agree to the terms of these payment processors. Konnekt does not store complete credit card information on our servers.
6.2 Supported Payment Methods
We support various payment methods including credit/debit cards, mobile money (M-Pesa), and other regional payment solutions. Available payment methods may vary by location.
6.3 Currency and Pricing
Prices are displayed in your local currency based on your location. Currency conversion rates are provided for reference and may differ from actual bank rates. Final charges may vary based on your payment provider's exchange rates.
6.4 Transaction Security
We implement industry-standard security measures to protect transactions. However, no system is completely secure. Users should report any suspicious activity immediately.
6.5 Wallet System
Users may maintain a Wallet balance for faster checkout and receiving payments. Wallet funds are not insured and do not earn interest. Withdrawal of Wallet funds is subject to verification and may take several business days.
7. Prohibited Items and Activities
7.1 Prohibited Items
The following items are strictly prohibited from being listed or sold on Konnekt:
- Illegal drugs, controlled substances, and drug paraphernalia
- Weapons, firearms, ammunition, and explosives
- Counterfeit or pirated goods
- Stolen property
- Adult content and pornography
- Human remains or body parts
- Endangered species or products made from them
- Hazardous materials
- Products that promote hate, violence, or discrimination
- Tobacco products and e-cigarettes
- Prescription medications without proper licensing
- Financial instruments, securities, or cryptocurrency
- Government-issued documents or uniforms
- Any items prohibited by applicable law
7.2 Prohibited Activities
Users are prohibited from engaging in the following activities:
- Fraud, misrepresentation, or deceptive practices
- Money laundering or terrorist financing
- Price manipulation or artificial inflation of sales
- Creating fake accounts or reviews
- Harassment, abuse, or threats toward other users
- Spamming or unsolicited commercial communications
- Attempting to hack, exploit, or compromise the Platform
- Circumventing fees or payment systems
- Violating intellectual property rights
- Collecting user data without authorization
- Interfering with Platform operations
- Using bots, scrapers, or automated tools without permission
8. Intellectual Property Rights
8.1 Platform Ownership
Konnekt and its licensors own all rights, title, and interest in the Platform, including all software, design, text, graphics, logos, and trademarks. You may not copy, modify, distribute, or create derivative works without our express written permission.
8.2 User Content
You retain ownership of Content you upload to the Platform. By uploading Content, you grant Konnekt a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your Content in connection with the Platform's operation and promotion.
8.3 Copyright Infringement
We respect intellectual property rights and expect users to do the same. If you believe your copyright has been infringed, please contact us with a detailed notice including identification of the copyrighted work and location of the infringing material.
9. Dispute Resolution
9.1 Between Users
We encourage Buyers and Sellers to resolve disputes directly through our messaging system. If direct resolution fails, either party may open a formal dispute through the Platform.
9.2 Dispute Process
Our dispute resolution process includes:
- Submission of dispute with supporting evidence
- Response period for the other party (typically 3-5 business days)
- Review by Konnekt's dispute resolution team
- Decision and enforcement of resolution
- Appeal process for contested decisions
9.3 Buyer Protection
Konnekt offers buyer protection for eligible transactions. Protection may cover situations where items are not received, significantly not as described, or damaged during shipping. Specific terms and coverage limits apply.
9.4 Disputes with Konnekt
Any disputes between you and Konnekt shall first be attempted to be resolved through informal negotiation. If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.
10. Limitation of Liability
10.1 Platform Disclaimer
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KONNEKT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10.2 Liability Limits
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONNEKT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE PLATFORM.
10.3 Maximum Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KONNEKT IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
10.4 Third-Party Transactions
Konnekt is a marketplace platform facilitating transactions between independent Buyers and Sellers. We are not a party to transactions between users and are not responsible for the quality, safety, legality, or delivery of products or services sold through the Platform.
11. Indemnification
You agree to indemnify, defend, and hold harmless Konnekt, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any third-party rights
- Your Content or Listings
- Your transactions with other users
- Any fraud or misrepresentation by you
12. Account Termination
12.1 Termination by User
You may request Account deletion at any time through your Account settings or by contacting our support team. Account deletion requests are processed within 30 days. Pending transactions must be completed or canceled before Account deletion.
12.2 Termination by Konnekt
We may suspend or terminate your Account immediately if you violate these Terms, engage in fraudulent activity, or pose a risk to the Platform or other users. We will provide notice when possible but reserve the right to act without notice in urgent situations.
12.3 Effect of Termination
Upon termination, your right to use the Platform ceases immediately. We may retain certain data as required by law or for legitimate business purposes. Outstanding obligations survive termination.
13. General Provisions
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles.
13.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Konnekt.
13.4 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.5 Assignment
You may not assign or transfer these Terms without our prior written consent. Konnekt may assign these Terms without restriction.
13.6 Force Majeure
Konnekt shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or technical failures.
14. Contact Information
If you have any questions about these Terms of Service, please contact us:
Konnekt Marketplace
Email: legal@konnekt.co.ke
Support: support@konnekt.co.ke
Website: www.konnekt.co.ke