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Our Terms & Conditions
Welcome to Movemall Kenya! These Terms and Conditions ("Terms") govern your access to and use of the Movemall Kenya platform, including our website, mobile application, and any associated services (collectively referred to as the "Platform"). By accessing, registering, or using the Platform, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree to these Terms, you must not use the Platform. These Terms constitute a legally binding agreement between you (the "User") and Movemall Kenya. Please read them carefully before proceeding.
1. Definitions
To ensure clarity, the following terms shall have the meanings ascribed to them below:
Platform: The Movemall Kenya website, mobile application, and any associated services.
User: Any individual, business, or entity accessing or using the Platform.
Services: All features, tools, and functionalities provided by Movemall Kenya, including but not limited to product listings, purchases, deliveries, customer support, and promotional activities.
Content: Any text, images, videos, reviews, comments, or other materials uploaded, shared, or displayed on the Platform.
Seller: A User who lists products or services for sale on the Platform.
Buyer: A User who purchases products or services on the Platform.
2. Eligibility
To use the Platform, you must:
Be at least 18 years old or have the consent of a legal guardian.
Provide accurate, complete, and up-to-date information during registration.
Be legally capable of entering into a binding contract under Kenyan law.
Movemall Kenya reserves the right to suspend or terminate accounts that do not meet these eligibility requirements or are found to be in violation of these Terms.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Platform, you must create an account. During registration, you agree to:
Provide accurate and truthful information.
Update your information promptly if there are any changes.
Maintain the confidentiality of your account credentials (username and password).
3.2 Account Security
You are solely responsible for:
All activities that occur under your account.
Maintaining the security of your account credentials.
Notifying Movemall Kenya immediately of any unauthorized access or breach of security.
Movemall Kenya is not liable for any loss or damage arising from your failure to comply with these security obligations.
4. Use of the Platform
4.1 Permitted Use
You may use the Platform for lawful purposes only, including:
Browsing and purchasing products or services.
Posting reviews, feedback, and comments in accordance with these Terms.
Communicating with sellers, buyers, and customer support.
4.2 Prohibited Activities
You are strictly prohibited from:
Engaging in fraudulent, illegal, or unethical activities.
Uploading or distributing malicious software, viruses, or harmful content.
Impersonating another person or entity.
Violating the intellectual property rights of Movemall Kenya or third parties.
Interfering with the Platform’s functionality, security, or performance.
Using automated tools, bots, or scrapers to access or extract data from the Platform.
5. Product Listings and Purchases
5.1 Seller Responsibilities
Sellers are responsible for:
Ensuring the accuracy, completeness, and legality of product descriptions, pricing, and availability.
Complying with all applicable laws and regulations, including consumer protection and product safety standards.
Fulfilling orders promptly and providing accurate tracking information.
5.2 Buyer Responsibilities
Buyers are responsible for:
Reviewing product descriptions, pricing, and seller policies before making a purchase.
Providing accurate shipping and payment information.
Complying with the seller’s return and refund policies.
5.3 Order Confirmation
All purchases are subject to product availability and confirmation of the order by the seller. Movemall Kenya is not responsible for any errors or omissions in product listings.
6. Payments and Pricing
6.1 Pricing
Prices are displayed in Kenyan Shillings (KES) and are inclusive of VAT, unless stated otherwise.
Sellers are responsible for setting product prices, and Movemall Kenya does not influence or control pricing.
6.2 Payment Methods
Movemall Kenya supports secure payment methods, including mobile money, credit/debit cards, and other approved payment gateways. You agree to pay all applicable fees and taxes associated with your purchases.
6.3 Payment Security
Movemall Kenya uses industry-standard encryption and security measures to protect your payment information. However, we are not liable for any losses resulting from unauthorized transactions or breaches of third-party payment processors.
7. Delivery and Returns
7.1 Delivery
Delivery times and fees are determined by the seller and/or logistics partner.
Movemall Kenya is not responsible for delays caused by third-party delivery services or unforeseen circumstances (e.g., weather, strikes).
7.2 Returns and Refunds
Returns and refunds are subject to the seller’s return policy and Movemall Kenya’s guidelines.
Buyers must initiate return requests within the specified timeframe and provide proof of purchase.
8. Intellectual Property
8.1 Ownership
All content on the Platform, including logos, trademarks, graphics, and software, is the property of Movemall Kenya or its licensors and is protected by intellectual property laws.
8.2 User-Generated Content
By posting content on the Platform, you grant Movemall Kenya a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and distribute such content for promotional and operational purposes.
8.3 Prohibited Use
You may not reproduce, distribute, or modify any content from the Platform without prior written consent from Movemall Kenya.
9. Limitation of Liability
Movemall Kenya is not liable for any indirect, incidental, or consequential damages arising from your use of the Platform.
Our total liability to you for any claim shall not exceed the amount paid by you for the specific service in question.
10. Indemnification
You agree to indemnify and hold Movemall Kenya, its affiliates, and partners harmless from any claims, damages, or losses arising from your use of the Platform, violation of these Terms, or infringement of third-party rights.
11. Termination
Movemall Kenya reserves the right to suspend or terminate your account at any time, without notice, for violations of these Terms or for any other reason deemed necessary.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Kenya. Any disputes arising from your use of the Platform shall be resolved through negotiation, mediation, or arbitration in accordance with Kenyan law.
13. Changes to Terms and Conditions
Movemall Kenya may update these Terms at any time. Continued use of the Platform after such changes constitutes your acceptance of the revised Terms.
14. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at:
Email: info@movemall.co.ke
Phone: +254 720 149-329
Address: Movemall Kenya, Nairobi, Kenya.
Why do we use it?
The Terms and Conditions (T&C) page is a critical component of any online platform, including Movemall Kenya. It serves multiple purposes, all of which are designed to protect both the platform and its users while ensuring a smooth and transparent experience for everyone involved. Below is a detailed explanation of why we use a Terms and Conditions page:
1. Legal Protection
The primary purpose of the Terms and Conditions is to provide legal protection for Movemall Kenya. By clearly outlining the rules, responsibilities, and limitations of using the platform, the T&C helps mitigate legal risks and disputes. For example:
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It limits Movemall Kenya’s liability in cases of user misconduct, third-party errors, or unforeseen circumstances (e.g., delivery delays).
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It establishes the legal framework for resolving disputes, such as issues between buyers and sellers.
Without a T&C, Movemall Kenya could be exposed to unnecessary legal challenges and financial liabilities.
2. Sets Clear Expectations
The T&C page sets clear expectations for users regarding their rights and responsibilities. This helps prevent misunderstandings and ensures that users know what is expected of them when using the platform. For example:
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Buyers understand the return and refund policies.
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Sellers know their obligations regarding product listings and order fulfillment.
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All users are aware of prohibited activities, such as fraud or misuse of the platform.
By setting these expectations, Movemall Kenya creates a transparent and trustworthy environment for its users.
3. Defines User Rights and Responsibilities
The T&C page clearly outlines the rights and responsibilities of all parties involved, including buyers, sellers, and Movemall Kenya itself. This ensures that everyone understands their role in maintaining a fair and functional platform. For example:
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Buyers have the right to receive accurate product descriptions and timely deliveries.
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Sellers have the right to receive payment for goods sold, provided they meet their obligations.
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Movemall Kenya has the right to suspend or terminate accounts that violate the T&C.
This clarity helps foster a positive and cooperative relationship between all parties.
4. Protects Intellectual Property
The T&C page protects Movemall Kenya’s intellectual property (e.g., logos, trademarks, and content) by prohibiting unauthorized use or reproduction. It also outlines the rights users have when posting content on the platform. For example:
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Users grant Movemall Kenya a license to use their reviews or images for promotional purposes.
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Users are prohibited from copying or distributing Movemall Kenya’s proprietary content without permission.
This ensures that Movemall Kenya’s brand and content are safeguarded from misuse.
5. Establishes Rules for User Conduct
The T&C page sets rules for user conduct to maintain a safe and respectful environment for all users. It prohibits activities such as fraud, harassment, and the sale of illegal or counterfeit goods. For example:
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Users are not allowed to post offensive or harmful content.
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Sellers cannot list prohibited items, such as weapons or illegal substances.
By enforcing these rules, Movemall Kenya ensures that the platform remains a trustworthy and enjoyable place for everyone.
6. Provides a Framework for Dispute Resolution
The T&C page includes a dispute resolution mechanism to address conflicts between users or between users and Movemall Kenya. For example:
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It outlines the process for resolving issues between buyers and sellers (e.g., returns, refunds, or damaged goods).
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It specifies the governing law (e.g., Kenyan law) and the methods for resolving disputes (e.g., negotiation, mediation, or arbitration).
This framework helps resolve conflicts efficiently and fairly, reducing the need for costly legal action.
7. Ensures Compliance with Laws and Regulations
The T&C page ensures that Movemall Kenya complies with applicable laws and regulations, such as consumer protection laws, data privacy regulations, and e-commerce guidelines. For example:
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It outlines how user data is collected, stored, and used in compliance with privacy laws.
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It ensures that sellers adhere to product safety and labeling requirements.
By aligning with legal requirements, Movemall Kenya avoids penalties and maintains its reputation as a lawful and ethical platform.
8. Builds Trust with Users
A well-drafted T&C page builds trust with users by demonstrating that Movemall Kenya is transparent, professional, and committed to protecting their interests. For example:
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Users feel more secure knowing that their rights are protected.
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Buyers and sellers are more likely to engage with the platform when they understand the rules and policies.
Trust is essential for the growth and success of any online platform, and the T&C plays a key role in fostering it.
9. Facilitates Account Management
The T&C page provides guidelines for account management, including registration, security, and termination. For example:
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It explains how users can create and manage their accounts.
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It outlines the consequences of violating the T&C, such as account suspension or termination.
This ensures that users understand their obligations and the consequences of non-compliance.
10. Adapts to Changes in the Platform
The T&C page allows Movemall Kenya to adapt to changes in the platform or its services. For example:
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If new features are added, the T&C can be updated to include guidelines for their use.
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If legal requirements change, the T&C can be revised to ensure compliance.
By reserving the right to update the T&C, Movemall Kenya can remain flexible and responsive to evolving needs.
Conclusion
The Terms and Conditions page is a vital tool for Movemall Kenya to:
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Protect itself legally.
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Set clear expectations for users.
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Define rights and responsibilities.
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Safeguard intellectual property.
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Maintain a safe and respectful platform.
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Resolve disputes fairly.
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Comply with laws and regulations.
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Build trust with users.
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Manage accounts effectively.
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Adapt to changes over time.
By using a well-drafted and comprehensive T&C page, Movemall Kenya ensures a secure, transparent, and enjoyable experience for all users while protecting its own interests.
