**Terms & Conditions**

In these terms and conditions the term “platform” shall refer to the Niletee Marketplace website (accessible at https://*niletee.com) and apps.

By accessing and continuing to use our website and or by downloading or using the platform these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the platform. You’re not allowed to copy, or modify the platform, any part of the platform, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the platform, and you also shouldn’t try to translate the  platform into other languages, or make derivative versions. The platform itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Niletee Marketplace.

 

Niletee Marketplace is committed to ensuring that the  platform is as useful and efficient as possible. For that reason, we reserve the right to make changes to the  platform or to charge for its services, at any time and for any reason. We will never charge you for the  platform or its services without making it very clear to you exactly what you’re paying for.

 

The platform stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the  platform secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Niletee Marketplace  platform won’t work properly or at all.

 

The  platform does use third party services that declare their own Terms and Conditions.

 

Link to Terms and Conditions of third party service providers used by the  platform:

 

*   [Google Play Services](https://policies.google.com/terms)

*   [AdMob](https://developers.google.com/admob/terms)

*   [Google Analytics for Firebase](https://firebase.google.com/terms/analytics)

*   [Firebase Crashlytics](https://firebase.google.com/terms/crashlytics)

*   [Facebook](https://www.facebook.com/legal/terms/plain_text_terms)

*   [Fabric](https://fabric.io/terms/fabric)

*   [Matomo](https://matomo.org/terms)

*   [Clicky](https://clicky.com/terms/)

*   [Flurry Analytics](https://developer.yahoo.com/flurry/legal-privacy/terms-service/flurry-analytics-terms-service.html)

*   [One Signal](https://onesignal.com/tos)

*   [mpesa](https://www.safaricom.co.ke/about/media-center/publications/terms-and-conditions)

 

You should be aware that there are certain things that Niletee Marketplace will not take responsibility for. Certain functions of the  platform will require the  platform to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Niletee Marketplace cannot take responsibility for the  platform not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

If you’re using the platform outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still  apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the  platform, or other third party charges. In using the platform, you’re accepting responsibility for any such charges, including roaming data charges if you use the platform outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the platform, please be aware that we assume that you have received permission from the bill payer for using the platform.

 

Along the same lines, Niletee Marketplace cannot always take responsibility for the way you use the platform i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Niletee Marketplace cannot accept responsibility.

 

With respect to Niletee Marketplace’s responsibility for your use of the platform, when you’re using the platform, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Niletee Marketplace accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the platform.

 

At some point, we may wish to update the platform. The platform is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the platform to) may change, and you’ll need to download the updates if you want to keep using the platform. Niletee Marketplace does not promise that it will always update the platform so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the platform, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the platform, and (if needed) delete it from your device.

 

**Account security and credentials**

 

You further agree and undertake that:

Save for requiring the input of Credentials, Niletee Marketplace is under no obligation to make any investigations regarding the identity of any User gaining access to the Platform;

You will be responsible for the use of the Credentials and any other authentication methods/devices used to access the Platform by authorized personnel, unauthorized personnel or any other third parties; and

Niletee Marketplace can reasonably rely on the authenticity of transactions conducted by a User accessing the Platform by use of the Security Procedures.

If Niletee Marketplace has reason to doubt the genuineness of any instruction or transaction, Niletee Marketplace may, in its discretion, choose not to process the instruction and/or transaction initiated through the Platform.

At your own risk and responsibility, you, irrevocably and unconditionally accepts as binding any transaction and/or instruction made or given in connection with the Platform by authorized personnel, unauthorized personnel or any other third parties using the Credentials. Niletee Marketplace’s records of any transaction or instructions processed in connection with the Platform shall constitute binding and conclusive evidence of such transaction or instruction for all purposes.

If you know or suspects that anyone other than the Users knows the Credentials, you must promptly notify us.

By accessing, using and continuing to use the platform, you agree that all Security Procedures used and implemented by Niletee Marketplace are reasonable and adequate.

You undertake to safeguard, maintain as confidential and diligently safeguard from disclosure and/or use by any unauthorized person(s) your Credentials on the platform and all other authentication methods services and or devices, as Niletee Marketplace may provide from time to time, from being disclosed to any third parties or unauthorized persons.

**Indemnity**

You irrevocably agree to indemnify us and any of our third party providers (together “indemnified persons”) fully against and to hold the indemnified persons harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by the indemnified persons as a result of any claim by a third party resulting from your use of the platform in breach or non-observance of these terms.

We shall notify you of any claim that we or any of the other indemnified persons receives and you hereby agree to provide us and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide us and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at your sole expense.

**Posts on the Platform**

 

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, 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. Niletee Marketplace reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Niletee Marketplace 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 Niletee Marketplace 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 Niletee Marketplace for all claims resulting from content you supply. 

 

Niletee Marketplace has the right but not the obligation to monitor and edit or remove any activity or content. Niletee Marketplace takes no responsibility and assumes no liability for any content posted by you or any third party.

 

**Third Party Businesses**

 

Parties other than Niletee Marketplace, third-party Sellers, operate stores and shops on the platform to offer services, or products through the platform. In addition, we provide links to the sites of affiliated companies and certain other businesses. 

If you purchase from shops and stores offered by these third-party Sellers, you are purchasing directly from those third parties, not from Niletee Marketplace. Although we recommend that these third-party Sellers meet our minimum standards of compliance, we are not responsible for examining or evaluating their products, businesses or claims and we do not warrant the offerings of any of these businesses or individuals on the platform (including the content of their Web sites). 

 

Niletee Marketplace does not assume any responsibility or liability for the actions, product, and content of any and or all of these and any other third parties on the platform. You should carefully review their privacy statements and other conditions of use.

 

**Product Descriptions**

 

Niletee Marketplace attempts to be as accurate as possible. Niletee Marketplace encourages third-party sellers to also be as accurate as possible within the platform.

However, Niletee Marketplace does not warrant that product descriptions or other content of the platform is accurate, complete, reliable, current, or error-free. If a product offered by Niletee Marketplace itself is not as described, your sole remedy is to return it in unused condition.

Niletee Marketplace does not warrant that product descriptions or other content of the platform, posted or published by third parties is accurate, complete, reliable, current, or error-free. If a product offered by third-party Sellers is not as described, you should contact the seller and seek redress. Should you fail to find a solution within 48 hours, you may seek a refund in line with the  third-party seller’s policies.

**Returns, Refunds and taking possession**

Requests for returns should be directed to the respective third-party Sellers. Niletee Marketplace may issue refunds to the Buyer at the instruction of the Seller.

Third-party Sellers do not take possession of returned items until the item arrives at their business location at their normal business hours or to any place mutually agreed between the Seller and the Buyer or handed to an agent of the third-party Sellers at the third-party Sellers’ instruction.

At the third-party Seller’s instructions, Niletee Marketplace may, but is not obliged, to accept instructions to refund without requiring a return. In this situation, the third-party Seller does not take title to the refunded item.

Niletee Marketplace may, within 3 days or within the third-party Sellers return period whichever is higher, issue a refund to Buyers where, it is demonstrated to our satisfaction that the that the third-party Seller is unreachable, is unjustifiably refusing to accept a return or a refund contrary to its own published policies and or our minimum standards. Niletee Marketplace may require proof that a return was properly done by a purchaser before issuing any refund.

Any and all refunds made shall be offset against the purchase price of the purchased product or service. 

Processing fees and delivery and or return charges may be deducted from any refunds issued by Niletee Marketplace and shall, at the Sellers option, be borne by the Buyer. Niletee Marketplace reserves the right to revise the fees charged, in line with Niletee Marketplace Guidelines on Delivery and Return charges for delivery and or returns where it deems them as excessive or unreasonable.

Niletee Marketplace may refuse to accept any returns or refund requests that appear illegal, suspicious, fraudulent or intended to unfairly or unjustifiably injure Niletee Marketplace or any party to the transaction. 

Niletee Marketplace reserves the right to take legal action against any party that abuses its terms and conditions including. 

**Limitation on Liability**

We shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:

  1. Your use of, reliance upon or inability to use the platform;
  2. The deletion with or without notice or cause of any of your data or information stored on the platform;
  3. Any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the platform’s features at any time;
  4. The removal from the platform of any material sent or posted by you on via third parties  and/or the blocking, disabling or suspension of your access to the platform or any part of it in accordance with these terms.

**Electronic communication**

When you use the platform, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages within and outside of the platform, such as our help and support centre, and you can retain copies of these communications for your records. 

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

**Intellectual Property**

We retain non-exclusive rights to use any and all Intellectual Property Rights in all material, including Logos and other graphics and multimedia works you upload or make public on the platform.

**Trademarks**

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the platform are trademarks of Niletee Marketplace. 

Niletee Marketplace’s trademarks may not be used in connection with any product or service that is not our’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Niletee Marketplace. 

All other trademarks not owned by Niletee Marketplace that appear in our platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Niletee Marketplace.

**Termination**

We reserve the right to suspend or withdraw or restrict the availability of all or any part of the platform, until further notice, with immediate effect, without notice:

  1. for business, operational or maintenance reasons;
  2. if we reasonably believe You are using the platform in a way which constitutes a breach of our terms of service;or
  3. we have reason to  suspect that you are using our platform in furtherance of any, objectionable, unlawful or criminal activity. 

 

Our failure to enforce any provision of these terms and conditions is not a waiver of our right to do so later.

If any provision of these terms and conditions is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of Your rights under these terms and conditions, and any such attempt will be void. 

We may assign our rights and obligations under these terms and conditions or under any agreement we enter into with you without requiring your consent .

At all times we retain the right to terminate our services  and your access to the platform without notice.

**No Warranties**

 We do not guarantee that the platform, or any content on it, will always be available or be uninterrupted. We do not guarantee that any content on the platform is accurate. We do not guarantee that the identity of any person on the platform is accurate or verified. We do not guarantee that any location indicated on the platform is accurate.

**Jurisdiction*

These terms and conditions will be governed by, construed and enforced in accordance with laws of the Republic of Kenya.

**Changes to This Terms and Conditions**

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

We amend these terms and conditions from time to time. Every time you wish to use theplatform, please check these terms to ensure you understand the terms that apply at that time.

These terms and conditions are effective as of 2020-10-10.

**Contact Us**

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected].

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