The platform is owned and operated by TALITU LTD (registered number 10295016) whose registered office is at P.O Box 14092-00800, Nairobi, Kenya (the “Company”) (‘we’, ‘our’, ‘us’ ). To contact us, please email [email protected]
We are an online platform that provides the ability for individuals, self employed people, traders or businesses (herein referred to as the “User/s”) to create digital profiles for their trade or businesses on our website which can be viewed by other registered users all over the world (the “Digital Profile/s”).
The services our platform provides are as follows:
i. Users will be able to list and promote their products (“Product/s”) and/or services (“Service/s”) from their profiles on the platform (where the user is providing a Service, they may be referred to as a “Service Provider” and where they are selling Products they may be referred to as a “Seller”).
ii. The platform will provide tools to assist the facilitation of business, namely but not excluded to: a. Customer Relation Management b. Accounting systems c. Invoicing systems
iii. Other business users will be able to use our search facility to find relevant businesses, products and services on the platform. They will then be able to contact the companies providing those services by telephone, email or internal chat message system.
iv. Users will be able to write publicly visible reviews and feedback for other users.
If you do not agree to these terms, you must not use our platform or the services offered through our platform.
We reserve the right to amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our platform from time to time to reflect changes to our products, our users’ needs and our business priorities.
We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Accounts are available to persons over the age of 18 only. By signing up for an account, you warrant that you are 18 or over at the age of registration.
You must keep your own account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Unless otherwise specified, we are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our platform for your personal use and you may draw the attention of others to content posted on our platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.
You must not use any part of the content on our platform for commercial purposes without obtaining a license to do so from us.
Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.
Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
This platform will include information and materials uploaded by other users of the platform. Although monitored, such content is not always approved by us.
Notwithstanding the above, our total liability to you for all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Products or Services purchased or sold. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
We will only use your personal information as set out in our Privacy and Data Protection Policy.
We do not guarantee that our platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software.
You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our platform in any website that is not owned by you.
Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.
We reserve the right to withdraw linking permission without notice.
Creating a Digital Profile on the platform incurs a fee which may be subject to change:
$10 per month (with 10% discount if 12 months is paid upfront)
User is obliged to refer a minimum of 5 other users per month
No obligation to refer other users
No obligation to refer other users
YES, advertisements will appear on the listing
The Company shall at no point become a party to an agreement between users. The Company accepts no responsibility whatsoever for any decisions made by users based on the content of the Company and/or the Service provider unless otherwise mentioned in these terms. The Company provides this electronic web-based platform for exchanging information between buyers and sellers of Products and providers of Services. Users can place, accept, conclude, manage and fulfil orders for Products and Services online. However, for any Services or sale of Products, we do not represent either party in specific transactions. The Company does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the Products or Services offered for sale on the platform, the ability of users to complete a sale or the ability of buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with people acting under false pretences. The platform uses several techniques to verify the accuracy of certain information our paying Users provide us when they register. However, because User verification on the internet is difficult, we cannot and do not confirm each User's purported identity.
Users offering their Services and Products for sale via our platform are expected to have their own insurance arrangements in place where appropriate. We are not responsible for any direct or indirect loss, damage or claims that may occur as a result of a Service provided through the platform or a Product sold through the platform. We do not offer compensatory payments for damage and as a user of our services, you agree that you will take full responsibility of any loss incurred.
b. DIGITAL PROFILE GUIDELINES
Users must apply to create a Digital Profile on our platform to advertise their services or Products for sale. Users are responsible for the submitted content and for selecting their prices and rates at a reasonable rate which adequately reflects the quality, complexity and frequency of their Service or Products. Users agree they will take responsibility for the accuracy and detail of all listing information which includes accuracy of descriptions, images, and any other supplementary information related to it or the Services or Products you provide. Users agree they will not:
i. list Services or Products in a category that is inappropriate to the Service or Product they are offering;
ii. misrepresent the location at which they will provide a Service;
iii. include brand names or other inappropriate keywords in their Digital Profile,
iv. use misleading titles that do not accurately describe the Products or Service; or
v. include any information in their Digital Profile that is fraudulent.
vi. attach links to their own or a third-party website from which users may obtain their Products or Services directly or otherwise offer the opportunity through our platform or direct a user to purchase their Services or Products outside our platform (with the exception of cash on delivery payments for the purchase of Services or Products found via the platform).
We have the right to remove any Digital Profile you make on our platform and take any other proactive action reasonably necessary if, in our opinion, your post does not comply with our content standards or is later found to be inaccurate, false or mis-descriptive of the Services or Products actually provided.
c. CERTIFICATIONS AND QUALIFICATIONS
Where a user is offering a Service or Product which requires professional qualifications or certifications, the Company is under no obligation to obtain or verify such qualifications or certifications.
d. CONDUCT OF SERVICES
Users agree to attend all bookings made through the platform and carry out the booked Service with due care, diligence and skill. The Company is not responsible for acts or activity conducted during a booking made through our website, or cancelled or unpaid bookings where the relevant user is late or delayed for a booked session. Please note, all users are required to upload their identify prior to booking. If a verified user attends a booking that has been booked using someone else’s identify document, either user is entitled to decline continuation of the booking. In this situation, no refunds will be given.
e. PROHIBITED USE
No other activity is permitted through the platform including illegal use, fraud, etc. It is not permitted to use our platform to facilitate any type of for any Product or Service that is not clearly specified on our platform. The Company reserves the right to immediately ban users who we have reason to believe, in our sole discretion, are using the platform for any purpose not specified under these terms.
f. REMOVAL FROM PLATFORM
Users agree to honor bookings and adhere to industry accepted best practices in the provision of their Services. Service Providers and Sellers understand that repeated bad reviews, cancelled bookings or complaints from users may result in immediate removal from the platform at the Company’s sole discretion and an inability to use the platform in future.
g. PAYMENT TERMS
A cash on delivery model of payment can be offered where appropriate. If they opt for this payment, Service Providers and Sellers must use their discretion to ensure that they receive the payment due and do so at their own risk. The Service Provider or Seller has the right to add an extra fee such as cash on delivery fee (COD) to encourage its customers to pay online via credit card. The Service Provider or Seller remains fully responsible for the collection of any cash payments due.
Users understand that payments made via our platform for their Services or Products will be held by Company in escrow and automatically released within 72 hours from the Service being completed or the Goods being delivered, and then paid on a bi-weekly basis. All payments will be distributed to Service Providers via a third party payment gateway (the “Payment Gateway”). Such payments will therefore to be subject to the relevant Payment Gateway’s terms and conditions relating to exchange rates of the relevant currencies.
Users understand and accept that monies will be held temporarily with the Payment Gateway. Users understand and agree that the Company shall not be responsible for any failure to perform its payment obligations under this contract, if it is prevented or delayed in performing those obligations by any of the following events:
i. An event of force majeure.
An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following:
(a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(b) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
(c) strikes at national level or industrial disputes at a national level;
(d) the liquidation, insolvency or bankruptcy of the relevant Payment Gateway which result in non-payment to the Company of the Service Provider’s due monies.
(e) the freezing of the monies held with the Payment Gateway due to no fault of the Company.
ii. Delayed Payments
Users understands that use of the platform is subject to payments being released from the relevant Payment Gateway. In the rare circumstances that a payment is delayed due to a delay from Payment Gateway, the User shall not consider this an automatic breach of these terms. In this circumstance, the Company will be allowed a 60 day grace period to obtain the payment from the Payment Gateway.
iii. Disputed Payments
The User understands that payments will additionally be held in escrow by the Company until satisfactory completion of the relevant service or until the relevant Products being delivered. In the situation where a User raises a dispute about a specific Service or Product, the Company will temporarily hold monies for that service in escrow whilst the User and customer come to a mutual decision about the money due to be paid for that Service or Product.
VAT, export tax and any other taxes as introduced from time to time in the relevant jurisdictions in which the Users operate and import or export the Products or Services, as appropriate, will be added to the purchase price in addition to the costs and delivery fees, as appropriate.
Users represent, and/or warrant that:
a. you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content submitted for use on the platform, including logos, videos, audio and other intellectual property provided on the platform for the purposes of marketing your services;
b. where you provide photographs or videos for listings to describe your Service or Product for sale, you have the consent, release, and/or permission of each and every identifiable individual person in such photographs or videos. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of lawsuit, copyright or otherwise relating to a listing posted through our platform that has been submitted by you where such identifiable individual did not provide proper consent;
c. you remain fully responsible for ensuring you comply with local law and regulation in your jurisdiction of operation. Users must ensure they have all necessary licenses and approvals in place for their Services and Products for sale. The Company is not responsible for ensuring that users are operating in compliance with the laws applicable to them;
d. you will exercise reasonable care and skill in performing any obligations in the provision of the Services you provide to customers.
20.1 Seller warranties
When selling their Products on the platform, Sellers agree to the warranties below:
20.2 The Goods comply with the laws, regulations or standards within the country of sale;
20.3 The Seller provides a warranty that on delivery , the Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be fit for any purpose held out by the Seller as advertised.
20.4 Subject to Clause 20.5, if the Company is informed by the Customer within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out above, we may, at our option, demand that the Seller repairs or replaces the defective Products, or demand that the Seller refunds the price of the defective Products in full and the Seller agrees to this condition.
20.5 Sellers will not be liable for breach of the warranty set out in above if:
(a) the Customer has made any further use of the Products after giving notice to us of non-compliance with the warranty;
(b) the Customer has tried to alter or repair the Products without our written consent; or
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
20.5 Sellers must ensure the pricing of the Products are accurately described on the platform. In the rare circumstance that Products are incorrectly priced, the Seller agrees to fulfil the order at the price specified at the time of order confirmation, even if that price is lower than the correct price. The Company is under no circumstances responsible for loss due to price description errors and the Seller agrees to fulfil their obligation to provide the Productss at the price specified at the time of order. Prices can be altered through the Seller control panel.
The Seller warrants to the Company that it is the legal beneficial owner of all the intellectual property rights and/or possesses a valid licence to use the intellectual property rights in the materials which include the data, information, photographs, logos and images it provides or uploads to the platform and the use of its intellectual property rights by the Company will not infringe intellectual property rights owned by any third party and that there is and will be no claim against the Company by any third party arising in relation to its intellectual property rights.
The Seller shall indemnify the Company and hold the Company harmless against any and all direct and indirect damages, liabilities, costs, expenses and losses arising out of or relating to any non-compliance or breach of this provision. The Seller will refrain from selling Products which infringe the intellectual property or proprietary rights of a third party.
For the purpose of this clause, "intellectual property rights" means copyright and related rights, trademarks, and service marks, business names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work or any of your other intellectual property has been copied in a way that constitutes copyright infringement that is taking place through the platform, you must submit your notice in writing to us by email and include in your notice a detailed description of the alleged infringement.
Sellers will, following approval from the Company, be able to create their own mini online store (the “Seller Shop”) on the Company platform via a unique seller administration panel. The seller can then upload, create and update product listings for various Products they wish to sell through the control panel. Listings will not be pre-approved by the Company but must follow the Company content and quality guidelines in order to be published live on the site. Sellers are responsible for uploading accurate Product descriptions, photographs, specifications and other images. The Seller must check that they have the correct the quantity of stock for the Products they are selling in order to satisfy anticipated Customer orders. The Seller can track and maintain records of sales and refund on the seller administration panel, and also view and manage orders and disputes.
When offering Products for sale on Company, Sellers agree that they will:
a) ensure that the Seller's company name, company number, registered office and where applicable trading address and VAT registration number (if applicable) will be submitted to Company prior to being approved for selling online. Once approval is obtained, the Seller must clearly display only their company name and logo (if applicable) on their page. The Seller acknowledges that Company shall have no liability in relation to the Seller's VAT registration details or any other details which it is obliged to display and keep updated under this clause;
b) take responsibility for the accuracy and detail of all Product information which includes Product descriptions, images, measurements, condition and any other supplementary information about the Products) as well as the price which the Products are sold at ("Product Sale Price") along with stock value (the total amount of stock that Seller has available for Company Customers to purchase) You agree that you are responsible for the accuracy and the information provided in all Product listing whether you are creating the Product listing;
c) ensure stock levels are accurate (and available);
d) not encourage direct communication with the customer, through the use of your own email address or contact details;
e) not sell directly to customers (circumventing or cutting out Company) in any way, including sending a link to, or otherwise provide the address of, or promoting, its (or any third party's) website on the Company, any Product or Product listing on Company, in orders shipped that were placed by the customer on Company, or in any other means of communication with the customer. Sellers may promote their Company store with a link to their Seller Shop on their website or social media pages only.
f) ensure that it does not misrepresent the origin of the Products through any description made of the Products whether contained in a Product listing or otherwise;
g) indemnify Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by the Company arising out of or in connection with any claims related to a breach of this clause.
The following Products are strictly prohibited for sale on our platform:
Any Sellers found to be selling the above Products will have their listing removed with immediate effect and any pending sales cancelled.
For the avoidance of doubt, the Company aims to carry out its business in compliance with international trade sanctions and embargoes regimes, specifically those put in place by the UN and the Office of Foreign Assets Control of the US Treasury Department, and expects all Sellers to do the same. Sellers must not take part in transactions or provide Products which involve, directly or indirectly, any sanctioned people or locations. This includes ensuring that Products do not have their origins in any of the current sanctioned locations such as Iran, Syria, Crimea, North Korea, etc. In addition to complying international sanctions, Sellers should be aware that other countries may have their own trade restrictions and that certain Products may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties and Company is not responsible for verifying such restrictions. Any Seller found to be in violation of, or reasonably likely to be in violation of its obligations under this clause may have their account suspended without warning.
Sellers are responsible for shipping Products sold on the platform. When a Customer places an order, the Seller will be notified by email and on their control panel. The shipping and delivery of the
Users who have purchased Products or Services will be sent a link following a purchase where they may review a user by giving them a star rating out of 5 alongside a written review. The Company retains the right to remove any review which does not follow our guidelines. When posting a review, users agree that they will oblige with the following posting guidelines:
i. They ensure any details provided in the review are chosen carefully, at all times being aware that the information on the review will be available for public viewing.
ii. The material they are posting is their own original material and they are authorized to provide it to our platform and it does not infringe the copyright, trade mark or privacy or other rights of a third party;
The Company does not have a duty to publish any material you have provided. We have the right to:
We do not edit, pre-approve or review all reviews displayed on our website, although we may do this with some reviews. Users have the option to notify us that they want to request a ‘take down’ regarding such material. If users believe that any review does not comply with the posting guidelines, notify us immediately by emailing us for a review. We will then review the material and, if we deem it appropriate, remove the material within a reasonable time. The Company will assess the review concerned and remove or amend it if we find that it does not comply with our policies. If, after investigation, we find that the review is genuine and complies with our policies and guidelines, we reserve the right to retain the posting on our platform.
At the moment we are not able to offer refunds for listing fees and subscriptions. Users may extend their subscription or count a refund amount towards their subscription payments until their listing expires.
Users may cancel their subscription without incurring any cancellation fees 14 days before it is due to renew if they wish to discontinue using our service. If you fail to cancel within this time frame, you will automatically be charged for the following calendar month, or following year, as appropriate and depending on the duration of membership you initially selected.
Any bookings made through our platform or Products purchase through our platform that are subject to a dispute may be refunded. The Company is only able to refund amounts already held in escrow. As such, where cash payments are made outside the platform, the Company is not responsible for refunds of those amounts.
We are not responsible or liable for refunds for rescheduled Services. If a user and Service Provider wish to reschedule a booking, they must mutually agree on this by corresponding with each other. If a booking is unable to be rescheduled, a dispute may be raised and we may refund any money held in escrow at our discretion.
No agency, partnership, joint venture, or employment is created as a result of the Terms with or between users. No users have any authority whatsoever to bind the Company in any respect.
Neither the Company or users shall be liable to the other for any delay or failure in performance under these terms and conditions, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, terrorism, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.