Terms of service

This application is operated by SakaHapa. Throughout this document, the terms “we”, “us” and “our” refer to SakaHapa. We will also use the term “user(s)” to refer to both buyers and sellers on our platform. SakaHapa offers this application, including all information, tools and services available from this app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By downloading our app and/ or selling/purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the app, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  Please read these Terms of Service carefully before accessing or using our application. By accessing or using any part of the app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.  Any new features or tools which are added to the current app shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the application following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE USER TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your county, state or province of residence, or that you are the age of majority in your county, state or province of residence and you have given us your consent to allow any of your minor dependents to use this application.  You may not use our app for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including mobile money or credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Mobile money and Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this application is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this app is at your own risk.  This app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this application at any time through our users, but we have no obligation to update any information on our app. You agree that it is your responsibility to monitor changes on our application.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products offered on our application are subject to vary and change without notice.  Users reserve the right at any time to modify or delete their posts (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change or deletion of any post.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

All products or services will be available exclusively online through our application. These products or services may have limited quantities and are subject to return or exchange only according to the terms of agreement between the particular users.  We have made every effort to display as accurately as possible the colors and images of the products that appear on our platform. We cannot guarantee that your computer monitor's/mobile phone display of any color will be accurate.  We reserve the right, but are not obligated, to limit the sales of any products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are offered on our application. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of our users. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this app is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - THIRD-PARTY LINKS

Certain content, products and services available via our Service are materials from third- parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third- party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  You agree that your comments will not violate any right of any user or third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website/application. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through our platform is governed by our Privacy Policy. Scroll down to view our Privacy Policy.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our app or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related platform is inaccurate at any time through our users without prior notice (including after you have submitted your offer).  We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, county or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.  You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  In no case shall SakaHapa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some counties, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such counties, states or jurisdictions, our liability shall be passed on to the user(s) culpable for the damages but limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SakaHapa and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our application.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kenya.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our platform. It is your responsibility to check our website/application periodically for changes. Your continued use of or access to our app or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@sakahapa.com

SHIPPING AND RETURNS

SakaHapa does not offer any shipping services to its users. This function is entirely handled or carried out by particular users of our Service or third-parties. With this regard, any arrangement or agreement on the terms of returns of any product purchased via our platform should be agreed upon by the users entering into contract. We shall not be held liable for any delays, misplacement, errors in delivery, breakages, damages, distortion of the product while in transit or any form of inconvenience that may arise during shipping. Complaints, claims, concerns, or questions regarding shipping or returns should be directed to the particular user(s) or the third-party contracted to offer the service.