Welcome to Mwinyi The Marketer Limited (hereinafter referred to as “Mwinyi The Marketer Limited  or MTM Marketplace”), Mwinyi The Marketer Limited provides website features and other products and services to you when you visit or shop at Mwinyi The Marketer Limited website, use Mwinyi The Marketer Limited products or services, use Mwinyi The Marketer Limited mobile applications, or use the software provided by Mwinyi The Marketer Limited in connection with any of the foregoing (collectively, "Mwinyi The Marketer Limited Services").

1. ACCEPTANCE OF TERMS

1. By accessing the Mwinyi The Marketer Limited website & Mwinyi The Marketer Limited applications, you confirm your understanding of the Terms and Conditions & Privacy Policies (hereinafter referred to as “this Agreement”). If you do not agree to this Agreement, you shall not use Mwinyi The Marketer Limited Services. By completing the registration process, and clicking on the "I agree with the Terms and Conditions & Privacy Policies ", you agree to be bound by this Agreement and this Agreement takes effect.

2. The Mwinyi The Marketer Limited Services provides a place and opportunity for the sale of goods between the seller and the user. The actual sales contract is directly between the seller and the user and Mwinyi The Marketer Limited is not a party to that or any other contract between the seller and the user and accepts no obligations in connection with any such contract. The seller and the user to such a transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase, and the like.

3. Mwinyi The Marketer Limited shall have the right to change, upgrade, modify, limit or suspend service or its related feature. Please focus on the announcement on its own, without prior notice. Mwinyi The Marketer Limited shall have the right to further introduce new features, applications, or other services.

2. REGISTRATION

1. You may need your Mwinyi The Marketer Limited account to use certain Mwinyi The Marketer Limited Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem with the payment method you have selected, alternative payment methods are also available for you to complete payment. You are responsible for maintaining the confidentiality of your account and password and for restricting others to have access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

2. When you complete the registration process or use any of the Mwinyi The Marketer Limited Services, you confirm that you have reached the legal age and have full legal capacity, and can independently bear legal responsibility. All responsibility will be borne by you and your guardian in case that you have no legal capacity and cause losses.

3. Users should be honest about Mwinyi The Marketer Limited registration information. Users agree to provide the true, accurate, complete, legal, and effective registered information and any change of user registration information should be timely updated. If any user registration information is illegal, untrue, inaccurate, not exhaustive, the user must bear the corresponding responsibility and consequences, and Mwinyi The Marketer Limited reserves the right to terminate this Agreement.

4. Your information shall not be an infringement or alleged infringement of others' legitimate rights and interests. In case of infringement, Mwinyi The Marketer Limited shall have the right to cancel your account. and Mwinyi The Marketer Limited reserves the right to pursue responsibility.

5. You should be careful and reasonable to store and use your username and password, login by your user name and password on the implementation of responsible behaviour. Unless there is a law or judicial decision to the contrary and has the permission of the Mwinyi The Marketer Limited, otherwise, the user name and password cannot in any manner be transferred, given as gifts, or inherited (except property rights related to the account).

6.  Users cannot share registration account information with others or save the account information on other’s devices, otherwise, the consequences will be borne by the users themselves, and are jointly and severally liable with the actual user.

7. If you are underage, as per the law of Kenya, you shall use the Mwinyi The Marketer Limited Services only with the consent of a parent or guardian. Some products such as alcohol and sex products listings on Mwinyi The Marketer Limited are intended for adults only, and you must be of the legal age to purchase. You must also satisfy all other relevant requirements according to the applicable laws and regulations. Mwinyi The Marketer Limited reserves the right to refuse service, terminate accounts, terminate your rights to use Mwinyi The Marketer Limited Services, remove or edit content, or cancel orders at its sole discretion.

3. PRIVACY AND AUTHORIZATION

1.  Your privacy is very important to us at Mwinyi The Marketer Limited. Mwinyi The Marketer Limited will keep strictly confidential of users’ information and activities on website and application, such as browsing, shopping, placing orders, and sharing printing, which involves the user's real name/contact name, address, telephone, email, and other private information. Unless authorized by users or otherwise provided in this Agreement or by law, Mwinyi The Marketer Limited will not disclose to the outside world of user privacy information.

2.  Mwinyi The Marketer Limited may contact you using autodialed or prerecorded calls or text messages or emails to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a potential dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to provide services in connection with your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Mwinyi The Marketer Limited may also contact you using autodialed or prerecorded calls or text messages or emails for marketing purposes (e.g., offers and promotions) if you consent to such communications

3.  Mwinyi The Marketer Limited may share your telephone number and email with its authorized service providers. These service providers may contact you using autodialed or prerecorded calls or text messages or emails, only as authorized by Mwinyi The Marketer Limited to carry out the purposes identified above.

4.  You have the right to request for deletion of any of your private information by writing an email to info@mwinyithemarketer.com.com or call our support  line 0720570006. We will respond to such emails and calls in Kenya  working days during normal office hours.

5.  If you find any illegal use which may endanger the safety of your account or any improper use of your private information you must immediately notify, in a useful way for Mwinyi The Marketer Limited to suspend relevant services and to report to the public security organization. Please understand that Mwinyi The Marketer Limited needs a reasonable period of time to take certain measures and that Mwinyi The Marketer Limited is not responsible for any of your losses unless such illegal or improper use is due to Mwinyi The Marketer Limited’s fault and Mwinyi The Marketer Limited refuses to remedy such illegal or improper use after receiving a written notice from your side.

4. COPYRIGHT

All content included in or made available through any Mwinyi The Marketer Limited Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, etc is the property of Mwinyi The Marketer Limited or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Mwinyi The Marketer Limited Service is the exclusive property of Mwinyi The Marketer Limited and protected by international copyright laws.

5.  PROPERTY RIGHTS

1.  Mwinyi The Marketer Limited is the only owner of all rights or legal licensee allowed to provide the Mwinyi The Marketer Limited Services, which reflects the commercial secrets and intellectual property rights protected by relevant laws. All title, ownership, and intellectual property in relation to the Mwinyi The Marketer Limited Services are hereby reserved by Mwinyi The Marketer Limited and/or its affiliates.

2.  The trademarks of “MTM” and “Mwinyi The Marketer Limited” and relevant logos, icons, trade names, domain names and other marks (no matter registered or not) (hereinafter collectively the “Marks”) belong to Mwinyi The Marketer Limited and/or its affiliates, and are subject to the legal protection of copyright, trademark rights, and other intellectual property rights. Unauthorized reproduction, modification, use, or publishing of the Marks is strictly prohibited.  

6. TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Mwinyi The Marketer Limited Services are trademarks or trade dress of Mwinyi The Marketer Limited in Kenya and other countries. Mwinyi The Marketer Limited's trademarks and trade dress may not be used in connection with any product or service that is not Mwinyi The Marketer Limited's, in any manner that is likely to confuse customers, or in any manner that disparages or discredits Mwinyi The Marketer Limited. All other trademarks not owned by Mwinyi The Marketer Limited that appear in any Mwinyi The Marketer Limited Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mwinyi The Marketer Limited.

7. LICENSE AND ACCESS

Subject to your compliance with this Agreement and any other requirements under the relevant laws and regulations, and your payment of any applicable fees, Mwinyi The Marketer Limited or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mwinyi The Marketer Limited Services. This license does not include any resale or commercial use of any Mwinyi The Marketer Limited Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mwinyi The Marketer Limited Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Mwinyi The Marketer Limited or its licensors, suppliers, publishers, rightsholders, or other content providers. No Mwinyi The Marketer Limited Services, nor any part of any Mwinyi The Marketer Limited Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mwinyi The Marketer Limited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mwinyi The Marketer Limited without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mwinyi The Marketer Limited's name or trademarks without the express written consent of Mwinyi The Marketer Limited. You may not misuse the Mwinyi The Marketer Limited Services. You may use the Mwinyi The Marketer Limited Services only as permitted by law. The licenses granted by Mwinyi The Marketer Limited will terminate if you do not comply with any provision of this Agreement or the relevant laws and regulations.

8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

1.  You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mwinyi The Marketer Limited reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

2.  If you do post content or submit material, and unless we indicate otherwise, you grant Mwinyi The Marketer Limited a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mwinyi The Marketer Limited and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mwinyi The Marketer Limited for all claims resulting from content you supply. Mwinyi The Marketer Limited has the right but not the obligation to monitor and edit or remove any activity or content. Mwinyi The Marketer Limited takes no responsibility and assumes no liability for any content posted by you or any third party.

3.  If you post product comments or share the content, it shall be deemed that the user is willing to make the comments public and shall be responsible for the comments, even if the comments are made public on off-site platforms (including but not limited to search engines) through non-platform active exposure. If you do post content in a non-anonymous way, it is because you are willing to disclose non-sensitive contact information such as mobile phone number and other personal information other than email, such as name or nickname.

9. RETURNS, REFUNDS

1.  Users may apply for goods return and refund under certain conditions for the following items.

1. Product description does not match;

2. The wrong goods;

3. Counterfeit products;

4. Parts or missing products

5. Defective products.

At our discretion, a refund may be issued without requiring a return. In this situation, Mwinyi The Marketer Limited does not require the item to be returned.

2.  Without limiting the generality of the foregoing, Mwinyi The Marketer Limited does not accept returns for the following items:

1. Products not purchased from Mwinyi The Marketer Limited (order serial numbers does not match);

2. Products that exceed the expiry date (exceed warranty period);

3. Unauthorized repair, misuse, collision, negligence, abuse, into the liquid, accident, alteration, product quality problems caused by improper installation, or torn, altered labels of machine serial number or anti-counterfeiting mark;

4. The warranty card does not match the product and was altered;

5. Underwear, adult product, or anything similar products;

6. Global order for non-defective products or right product;

7. Items missing the accessories or without free gift;

10. PRODUCT DESCRIPTIONS

1. Mwinyi The Marketer Limited attempts to be as accurate as possible. However, Mwinyi The Marketer Limited does not warrant that product description or other content of any Mwinyi The Marketer Limited Services is accurate, complete, reliable, current, or error-free.

2. Users understand that it's the responsibility of sellers to describe the products accurately and properly, and if a product is not as described, your sole remedy is applying for the return of the items which are in unused condition. 

11. PRICING

1.  "List Price" means the suggested retail price of a product exclusive of  VAT as provided by sellers. We regularly check List Prices against prices recently found on Mwinyi The Marketer Limited and other sellers, but Mwinyi The Marketer Limited does not assume any responsibility for the reasonableness and legitimacy of such List Prices. 

2. With respect to items as listed on Mwinyi The Marketer Limited’s website or applications, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the price of an item as listed is greatly higher than the market price, we may shelf off the item at our discretion. If you find that the price of the same product is inconsistent, it is probably because the product is supplied by different merchants or sellers.

12. PAYMENT

1. Mwinyi The Marketer Limited doesn't collect payment from customers directly, and such services may be provided by other companies such as Safaricom (M-Pesa) and other online payment options.

2. Users shall be issued with a system auto generated invoice for each transaction bearing the details of the respective seller 

3. Users should ensure that the payment information is accurate, and users are responsible for maintaining the confidentiality of payment account and password.

4. Users can only purchase products through official channels and pay through official payment methods. Mwinyi The Marketer Limited does not assume any responsibility for losses incurred during purchases and payments through other unofficial channels.

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. The Mwinyi The Marketer Limited Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Mwinyi The Marketer Limited Services are provided by Mwinyi The Marketer Limited on an "as is" and "as available" basis unless otherwise specified in writing. Mwinyi The Marketer Limited makes no representations or warranties of any kind, express or implied, as to the operation of the Mwinyi The Marketer Limited services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Mwinyi The Marketer Limited Services unless otherwise specified in writing. You expressly agree that your use of Mwinyi The Marketer Limited Services is at your sole risk.

2. To the full extent permissible by law, Mwinyi The Marketer Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mwinyi The Marketer Limited does not warrant that the Mwinyi The Marketer Limited Services, information, content, materials, products (including software), or other services included on or otherwise made available to you through the Mwinyi The Marketer Limited Services, Mwinyi The Marketer Limited's servers or electronic communications sent from Mwinyi The Marketer Limited are free of viruses or other harmful components. To the full extent permissible by law, Mwinyi The Marketer Limited will not be liable for any damages of any kind arising from the use of any Mwinyi The Marketer Limited Services, or any information, content, materials, products (including software), or other services included on or otherwise made available to you through any Mwinyi The Marketer Limited Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages unless otherwise specified in writing.

14. DISPUTES

1. In the event a problem arises in a transaction, the user and the seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Mwinyi The Marketer Limited may use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Mwinyi The Marketer Limited may intervene to resolve any dispute arising from a transaction that has been carried out via Mwinyi The Marketer Limited after-sale applications.

2. Users covenant and agree that they will not bring a suit or otherwise assert any claim against Mwinyi The Marketer Limited or any of its affiliates (except where Mwinyi The Marketer Limited or its affiliates is the seller of the product that the claim relates to) in relation to any transaction made on the Mwinyi The Marketer Limited website and/or applications or any dispute related to such transaction.

3. Any dispute or claim relating in any way to your use of any Mwinyi The Marketer Limited Services, or any products or services sold or distributed via Mwinyi The Marketer Limited’s website or through Mwinyi The Marketer Limited applications will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

15. 15.TRANSACTIONS BETWEEN USERS AND SELLERS

1. When shopping on this Mwinyi The Marketer Limited website and/or application, users require caution confirming the name of the purchased goods, price, quantity, type, specification, size, etc. When you place an order, please verify purchase quantity, price, and payment, the consignee, contact information, shipping address, etc. If the registration information you provide is not legitimate, untrue, inaccurate, or exhaustive, users must therefore take the corresponding responsibility and consequences, and Mwinyi The Marketer Limited reserves the right to terminate the user use of Mwinyi The Marketer Limited Services.

2. The order information auto-generated is based on the content of user’s order information and the automatically generated data, contract only effects after user paid order successfully. All purchases of physical items from Mwinyi The Marketer Limited’s website and applications are made under a sales contract between user & seller and a shipment contract between user & carrier. This means that the risk of loss and title for such items passes according to the sales contract and shipment contract, and Mwinyi The Marketer Limited may provide the information of the seller if necessary and upon request.

3. You understand and agree that, if you buy goods, you have the right to cancel the order on condition that the seller’s approval is obtained before the order dispatch. If the purchased goods are out of stock, you will get a refund accordingly with no further compensation.

4. When the order takes effect, the risk of delivery of the goods will be transferred to the seller or the third-party logistics carrier, the seller will deliver the goods to the logistics provider or the logistics provider will send the goods to your specified shipping address. You understand this Mwinyi The Marketer Limited website and application provides prompt delivery time for reference only, the actual delivery will be slightly different from the reference of time. If the order is lost or damaged on the way, you will get a refund accordingly.

16. LIMITATION OF LIABILITY

1. You understand and accept that Mwinyi The Marketer Limited shall not bear the liability for compensation of any damage caused by the following, any situation, including but not limited to, profits, goodwill, use, data loss, or other intangible loss of damages；third-party use of your account or change your data without our consent；your misunderstanding on Mwinyi The Marketer Limited Services；any other loss associated with Mwinyi The Marketer Limited Service due to no willful fault of Mwinyi The Marketer Limited.

2. Mwinyi The Marketer Limited is not liable, due to the legal provisions of force majeure, normal maintenance of the equipment of information network, information network connection failure, computer, communications or other system failures, power failures, labor dispute, the productivity and production data is insufficient, the judicial administrative organs of the command or the inaction of a third party caused the Mwinyi The Marketer Limited Services to be unavailable or delayed, and the data information and records were lost, but Mwinyi The Marketer Limited will assist in dealing with related matters.

3. Mwinyi The Marketer Limited takes no responsibility and assumes no liability for any loss or damages to users arising from shipping information and/or payment information entered by users or wrong remittance by users in connection with the payment for the items purchased.

4. If we are found to be liable, our liability to you or any third party shall in no case be more than the value of the goods (less freight, customs and duties, and other taxes or charges if any) purchased via Mwinyi The Marketer Limited’s website or applications.

17. YOUR REPRESENTATIONS AND WARRANTIES

1. You represent and warrant that: i) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into this Agreement and to comply with its terms; and (ii) you will use the Mwinyi The Marketer Limited Services for lawful purposes only and in accordance with this Agreement and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

2. If the user violates this Agreement or violates the law and regulations, including but not limited to the use of hacking techniques (or other technical methods) for-profit and the use of the wallet (Mwinyi The Marketer Limited Account) withdrawal function to defraud, Mwinyi The Marketer Limited can cancel the account, freeze money in the account and reserve the right to pursue liability, including but not limited to reporting to relevant departments and requesting compensation for any losses.

18. APPLICABLE LAW

By using any Mwinyi The Marketer Limited Services, you agree that all agreements, terms, and utility of the treaties or other legal documents shall be governed by Kenyan law without regard to principles of conflict of laws.  

19. GENERAL

1. This Agreement shall include all policies and rules as may be published and amended on Mwinyi The Marketer Limited’s website or applications, including but not limited to the After-sales Return Policy and the Payments Information and Guidelines.

2. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

3. Mwinyi The Marketer Limited may modify this Agreement at any time by posting the revised agreement on its website or by other means of notification. Your continued use of Mwinyi The Marketer Limited Services after such changes have been posted or notified shall constitute your acceptance of such revised agreement.

4. If you have any questions or concerns or suggestions about this Agreement and any issues raised in this Agreement and Mwinyi The Marketer Limited Services, please contact us through the following address.

P O Box 58058-00100 Nairobi

Email: info@mwinyithemarketer.com