CBWN-K: TERMS & CONDITIONS FOR EMARKETPLACE

  1. INTERPRETATION
    Definitions:
    Buyer” means a person purchasing goods from a Seller on the CBWN-K online
    marketplace.
    “Online Marketplace” means a platform provided by CBWN-K for selling and
    buying of goods and services.
    “Organisation” means Commonwealth Business Women’s Network- Kenya 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://exhibition.cbwnkenya.org/support/ where the online marketplace shall
    take place.
  2. UNACCEPTABLE PRACTICES
    As CBWN-K strives to offer the very best service, there are certain guidelines and
    policies that must govern CBWN-K’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 CBWN-K’s policies and
    guidelines.
  3. CBWN-K’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
    CBWN-K 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 CBWN-K
    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 CBWN-K.
    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 CBWN-K 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. CBWN-K’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
    CBWN-K 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
    CBWN-K 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.