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Terms and conditions

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ARTISAN KENYA. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://ARTISAN.CO.KE/ (THE "SITE") AND ALL SERVICES PROVIDED BY ARTISAN KENYA ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.

1. Artisan Kenya is a Venue

Artisan Kenya acts as a venue to allow users, who comply with Artisan Kenya's policies to offer, sell and buy certain goods within a fixed-price format. Artisan Kenya is not directly involved in the transaction between buyers and sellers. As a result, Artisan Kenya has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Artisan Kenya does not pre-screen users or the content or information provided by users. Artisan Kenya cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Artisan Kenya does not transfer legal ownership of items from the seller to the buyer.

Artisan Kenya cannot guarantee the true identity, age, and nationality of a user. Artisan Kenya encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party payment service (Ipay is enabled on the site) or services that provide additional user verification.

You agree that Artisan Kenya is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Artisan Kenya. You use the Artisan Kenya service at your own risk.

2. Membership Eligibility

Age: Artisan Kenya's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Artisan Kenya may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Artisan Kenya's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Artisan Kenya's policies as stated in the Agreement and the Artisan Kenya policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Artisan Kenya, each of which is incorporated herein by reference and each of which may be updated by Artisan Kenya from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Artisan Kenya from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Artisan Kenya of any unauthorized use of your password or any breach of security. You also agree that Artisan Kenya cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Artisan Kenya without Artisan Kenya's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Artisan Kenya you must provide and maintain valid payment information such as valid Ipay Merchant ID or a valid PayPal account.

Account Transfer: You may not transfer or sell your Artisan Kenya account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Artisan Kenya's services are not available to temporarily or indefinitely suspended Artisan Kenya members. Artisan Kenya reserves the right, in Artisan Kenya's sole discretion, to cancel unconfirmed or inactive accounts. Artisan Kenya reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up a shop on Artisan Kenya is free. Artisan Kenya charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Artisan Kenya's Fees Policy which is subject to change is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Artisan Kenya's services are effective after Artisan Kenya provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Artisan Kenya may choose to temporarily change the Fees Policy, and the fees for Artisan Kenya's services for promotional events (for example, free listing days); such changes are effective when Artisan Kenya posts the temporary promotional event on the Site. Artisan Kenya may, at Artisan Kenya's sole discretion, change some or all of Artisan Kenya's services at any time. In the event Artisan Kenya introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Kenyan Shillings (KES).

 Fees and Termination: If Artisan Kenya terminates a listing or your account, if you close your account, or if the payment of your Artisan Kenya fees cannot be completed for any reason, you remain obligated to pay Artisan Kenya for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Artisan Kenya.

 4. Listing and Selling

Listing Description: By listing an item on the Site you, warrant that you and all aspects of the item comply with Artisan Kenya's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Artisan Kenya shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Artisan Kenya shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Artisan Kenya's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Artisan Kenya reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Artisan Kenya transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items & Activities

You are solely responsible for your conduct and activities on and regarding to Artisan Kenya and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Artisan Kenya.

Restricted Activities: Your content and your use of Artisan Kenya shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Artisan Kenya's copyright policy.
  4. Violate this Agreement,  any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Artisan Kenya staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
  6. Be obscene or contain child pornography.
  7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  8. Host images not part of a listing.
  9. Modify, adapt or hack Artisan Kenya or modify another website so as to falsely imply that it is associated with Artisan Kenya;
  10. Appear to create liability for Artisan Kenya or cause Artisan Kenya to lose (in whole or in part) the services of Artisan Kenya's ISPs or other suppliers.
  11. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy or other policy documents as posted on Artisan Kenya.

Furthermore, you may not list any item on Artisan Kenya (or consummate any transaction that was initiated using Artisan Kenya's service) that, by paying to Artisan Kenya the listing fee or the final value fee, could cause Artisan Kenya to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: Artisan Kenya does not claim ownership rights in your Content. You grant Artisan Kenya a license solely to enable Artisan Kenya to use any information or Content you supply Artisan Kenya with, so that Artisan Kenya is not violating any rights you might have in that Content. You grant Artisan Kenya a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Artisan Kenya to store or re-format your Content on Artisan Kenya and display your Content on Artisan Kenya in any way as Artisan Kenya chooses. Artisan Kenya will only use personal information in accordance with Artisan Kenya's Privacy Policy

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Artisan Kenya user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Artisan Kenya-related communications. Artisan Kenya has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Artisan Kenya user to your email or physical mail list. For more information, see Artisan Kenya's Privacy Policy

Re-Posting Content: By posting Content on Artisan Kenya, it is possible for an outside website or a third party to re-post that Content. You agree to hold Artisan Kenya harmless for any dispute concerning this use. If you choose to display your own Artisan Kenya-hosted image on another website, the image must provide a link back to its listing page on Artisan Kenya.

Idea Submissions: Artisan Kenya considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Artisan Kenya shall not be liable for the disclosure or use of such Material. If, at Artisan Kenya's request, any member sends Material to improve the , Artisan Kenya will also consider that Material to be non-confidential and non-proprietary and Artisan Kenya will not be liable for use or disclosure of the Material. Any communication by you to Artisan Kenya is subject to this Agreement. You hereby grant and agree to grant Artisan Kenya, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Artisan Kenya does not control the Content provided by users that is made available on Artisan Kenya. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Artisan Kenya, you agree to accept such risks and that Artisan Kenya (and Artisan Kenya's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Artisan Kenya. Please use caution, common sense, and practice safe buying and selling when using Artisan Kenya.

Other Resources: Artisan Kenya is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Artisan Kenya does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Artisan Kenya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 8. Meetings

Users are solely responsible for interactions with others. Users understand that Artisan Kenya does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. Users must comply with Artisan Kenya's policies and acknowledge and agree to comply with the laws of the city or county in which the meeting occurs.

9. Resolution of Disputes

In the event a dispute arises between you and Artisan Kenya, please contact Artisan Kenya.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Artisan Kenya agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release Artisan Kenya (and Artisan Kenya's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Artisan Kenya encourages users to report user-to-user disputes to your local law enforcement, or a certified mediation or arbitration entity, as applicable.

Artisan Kenya, for the benefit of users, may try to help users resolve disputes. Artisan Kenya does so in Artisan Kenya's sole discretion, and Artisan Kenya has no obligation to resolve disputes between users or between users and outside parties. To the extent that Artisan Kenya attempts to resolve a dispute, Artisan Kenya will do so in good faith based solely on Artisan Kenya's policies. Artisan Kenya will not make judgments regarding legal issues or claims.

10. Artisan Kenya's Intellectual Property

ARTISAN KENYA, and other Artisan Kenya graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Artisan Kenya. Artisan Kenya's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference

Much of the information on Artisan Kenya is updated on a real-time basis and is proprietary or is licensed to Artisan Kenya by Artisan Kenya's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Artisan Kenya for any purpose whatsoever, without Artisan Kenya's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Artisan Kenya's sole discretion, an unreasonable or disproportionately large load on Artisan Kenya's infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or otherwise without the prior express written permission of Artisan Kenya and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass Artisan Kenya's robot exclusion headers or other measures Artisan Kenya may use to prevent or restrict access to Artisan Kenya

12. Breach

Without limiting any other remedies, Artisan Kenya may, without notice, and without refunding any fees, delay or immediately remove Content, warn Artisan Kenya's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Artisan Kenya suspects (by information, investigation, conviction, settlement, insurance or otherwise) a user has breached this Agreement, the Privacy Policy,  or other policy documents and community guidelines incorporated herein; Artisan Kenya is unable to verify or authenticate any of your personal information or Content; or Artisan Kenya believes that a user is acting inconsistently with the letter or spirit of Artisan Kenya's policies, has engaged in improper or fraudulent activity in connection with Artisan Kenya or the actions may cause legal liability or financial loss to Artisan Kenya's users or to Artisan Kenya.

13. Privacy

Except as provided in Artisan Kenya's Privacy Policy Artisan Kenya will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Artisan Kenya stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

ARTISAN KENYA, ARTISAN KENYA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ARTISAN KENYA'S SUPPLIERS PROVIDE ARTISAN KENYA'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTISAN KENYA, ARTISAN KENYA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTISAN KENYA'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARTISAN KENYA SHALL CREATE ANY WARRANTY..

15. Liability Limit

IN NO EVENT SHALL ARTISAN KENYA, AND (AS APPLICABLE) ARTISAN KENYA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTISAN KENYA'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ARTISAN KENYA'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ARTISAN KENYA'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ARTISAN KENYA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO ARTISAN KENYA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ARTISAN KENYA AND (AS APPLICABLE) ARTISAN KENYA'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

Artisan Kenya does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Artisan Kenya's control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Artisan Kenya service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Artisan Kenya's net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and Artisan Kenya are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Notices

Except as explicitly stated otherwise, any notices shall be given by registered postal mail to Artisan Kenya; P.O Box 57718, 00200 (in the case of Artisan Kenya) or, in your case, to the email address you provide to Artisan Kenya (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Artisan Kenya may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Artisan Kenya. In such case, notice shall be deemed given three days after the date of mailing.

22. Applicable Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the Republic of Kenya

23. Artisan Kenya Service

Artisan Kenya reserves the right to modify or terminate the Artisan Kenya service for any reason, without notice, at any time. Artisan Kenya reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Artisan Kenya makes a material change Artisan Kenya will notify you here, by email, by means of a notice on our home page, or other places Artisan Kenya deems appropriate. What constitutes a "material change" will be determined at Artisan Kenya's sole discretion, in good faith, and using common sense and reasonable judgment.

These Terms and Conditions of Use were last modified on 30/11/2012.