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TERMS OF USE

1. ACCEPTANCE OF THE TERMS

These Terms of Use (“Terms”) constitute a binding legal agreement between Findcom Online Marketplace Kenya, its affiliates (“Administrator”, “we”, “us”) and you. Please read them carefully.

  1. Your access and use of the FindCom mobile application, website, and related services (the “Platform” or “Service”) are governed by these Terms.
  2. If you do not agree with any part of these Terms, or if you are not authorized or eligible to accept them, you must not use the Service.
  3. Your use of the Platform is also governed by our Privacy Policy and any other rules, policies, or documentation posted on the Platform. These documents are incorporated by reference. We may modify these Terms at any time, with or without prior notice.

2. IMPORTANT DISCLAIMERS

  1. The Service is provided on an “AS IS”, “AS AVAILABLE” basis. We disclaim all warranties—express or implied—including conditions of quality, accuracy, reliability, performance, or fitness for a particular purpose.
  2. We do not control or guarantee:
    • the existence, quality, safety, or legality of goods or services listed by users;
    • the accuracy or reliability of user-provided information;
    • the ability of sellers to sell or buyers to pay;
    • that any transaction will be completed.
    We assume no responsibility for user-generated content or posted materials.
  3. You are solely responsible for verifying goods before payment and requesting any compliance documents from sellers.
  4. You are responsible for your own safety. Meet buyers/sellers only in public places during daytime and conduct due diligence. We are not responsible for interactions between users.

3. ACCOUNT REGISTRATION

  1. You may be required to register an account (“Account”) to access certain features.
  2. You may register as a supplier or secondary supplier.
  3. Only one Account is allowed per user unless otherwise approved. Duplicate accounts may require identity verification.
  4. You are responsible for securing your login credentials and for all activities under your Account.
  5. You represent that you are of legal age (16+), or you are using the Service under parental or guardian supervision.
  6. We may suspend, restrict, or terminate your Account without notice if:
    • you breach these Terms;
    • we detect suspicious or fraudulent activity;
    • you create duplicate or fake profiles;
    • you misuse the Platform.
  7. You must notify us immediately of any unauthorized access to your Account.

4. SERVICE DESCRIPTION

  1. The Platform allows users to create, view, and manage listings (announcements), and communicate through contact details provided in listings.
  2. We are not sellers, manufacturers, importers, or agents of any products. All transactions occur directly between users.
  3. Users are solely responsible for applicable taxes on goods/services they sell.
  4. We may delete or restrict listings that:
    • are subject to legal orders;
    • infringe intellectual property rights;
    • violate user rights or applicable laws;
    • breach these Terms.
  5. We are not obligated to justify removal of listings.
  6. We may modify, disable, or discontinue any part of the Service at any time.
  7. Users are responsible for their content. We do not guarantee accuracy or suitability of user listings.
  8. You release us from any claims arising from interactions with other users or third-party advertisers.

5. POSTING OF ANNOUNCEMENTS

  1. We may request documents proving your identity or legitimacy of your listings.
  2. You must provide accurate and complete information in all listings. Your phone number must remain active and reachable.
  3. Your sale or service terms must comply with these Terms and applicable laws.
  4. Prices must be accurate. If prices vary due to conditions, this must be clearly stated.

6. FEES

  1. The Platform is free to use, but may include optional paid services such as subscriptions.
  2. All applicable fees and payment methods are listed on the Platform.
  3. We may modify our fees or accepted payment methods at any time.
  4. Unless required by law, all fees are non-refundable.

7. USER REPRESENTATIONS AND WARRANTIES

By using the Platform, you confirm that:

  1. You have legal capacity and agree to comply with these Terms.
  2. If registering on behalf of a company, you are authorized to bind that company.
  3. You are over 16 years of age.
  4. All information in your Account is accurate and will be kept updated.
  5. You will protect your login credentials and notify us of unauthorized access.
  6. You will not misrepresent your identity or location.
  7. You will comply with all applicable laws.
  8. You will not use the Platform for illegal activities.
  9. You will not post prohibited, harmful, abusive, misleading, or rights-infringing content.
  10. You will not upload malware or interfere with Platform functionality.
  11. You will not harvest user data without consent.
  12. You are authorized to sell any product you list.

8. INDEMNITY

You agree to indemnify and hold FindCom and its affiliates harmless from any claims arising from your use of the Platform, violations of these Terms, your User Content, your transactions, or violations of law.

9. LIMITATION OF LIABILITY

  1. We are not liable for indirect, incidental, or consequential damages arising from your use of the Service.
  2. Our total liability to you is limited to the total amount you paid us within the last six (6) months, or KES 10,500—whichever is lower.

10. INTELLECTUAL PROPERTY

  1. You retain ownership of your User Content. We may store, display, distribute, and use it as needed to operate and promote the Service.
  2. You grant us a worldwide, non-exclusive, transferable, perpetual license to use your User Content.
  3. You warrant that your content does not infringe third-party rights.
  4. Platform materials and trademarks belong to the Administrator and cannot be used without permission.
  5. Procedures for reporting IP infringement are provided upon request.

11. GOVERNING LAW & JURISDICTION

  1. These Terms are governed by the laws of Kenya.
  2. Any dispute shall be resolved through arbitration under NCIA Rules, in English.

12. MISCELLANEOUS

  1. If any provision is invalid, the rest remain enforceable.
  2. We may assign our rights and obligations under these Terms without notice.
  3. Our failure to enforce a provision does not waive our rights.
  4. We are not liable for failures caused by factors beyond our control.