TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE

Effective Date: April 3, 2025

1. DEFINITIONS

For the purposes of these Terms and Conditions ("Terms"), the following definitions apply:

1.1 Service

"Service" refers to the iSOKO Platform, including its website, Android and iOS applications, USSD services, APIs, integrations, and any other digital or offline services provided by the Kenya National Chamber of Commerce and Industry (KNCCI) and its authorized partners in connection with the Platform.

1.2 iSOKO Platform

"iSOKO Platform" means the digital marketplace and trade facilitation platform hosted by the Kenya National Chamber of Commerce and Industry (KNCCI) and developed with support from TradeMark Africa (TMA). The Platform provides, but is not limited to:

  • Online buying and selling of goods and services;
  • Dissemination of trade and market information;
  • Business record management and bookkeeping tools;
  • Access to logistics, financial services, and market linkages;
  • Business networking and community engagement;
  • Skills development and learning resources;
  • Support for domestic, regional, and cross-border trade.

1.3 User

"User" refers to any individual or entity accessing or using the iSOKO Platform, including sellers, buyers, traders, service providers, logistics providers, financial institutions, associations, cooperatives, government agencies, development partners, administrators, or other authorized stakeholders.

1.4 Account

"Account" means the unique digital profile created by a User to access Platform features and services.

1.5 Content

"Content" includes all materials uploaded, posted, transmitted, or made available on the Platform, including product listings, images, trade information, business profiles, reviews, comments, messages, videos, training materials, and data.

1.6 Company

"Company" refers to the Kenya National Chamber of Commerce and Industry (KNCCI), its officers, employees, agents, authorized partners, and affiliates responsible for operating and administering the iSOKO Platform.

1.7 Third-Party Services

"Third-Party Services" refers to external services integrated into the Platform, including payment gateways, financial institutions, logistics providers, insurers, communication services, and business support providers.

1.8 Terms

"Terms" refers to this legally binding agreement between the User and the Company, including any future amendments, modifications, or updates.

2. ABOUT US

iSOKO Kenya is a digital trade and business enablement platform hosted by the Kenya National Chamber of Commerce and Industry (KNCCI) and developed with support from TradeMark Africa (TMA).

The platform is designed to empower Micro, Small and Medium Enterprises (MSMEs), women-led businesses, youth entrepreneurs, cooperatives, associations, and traders by improving access to information, markets, finance, skills, and business opportunities.

Kenya National Chamber of Commerce and Industry (KNCCI)

Founded in 1965, KNCCI is Kenya's premier business membership organization representing enterprises across all sectors of the economy. Through its national and county chamber network, KNCCI promotes trade, investment, entrepreneurship, policy advocacy, and private sector growth while supporting businesses to access local, regional, and international markets.

TradeMark Africa (TMA)

Established in 2010, TradeMark Africa is an Aid-for-Trade organization dedicated to increasing sustainable and inclusive trade across Africa. TMA works with governments, businesses, and development partners to enhance trade competitiveness, reduce trade barriers, and promote economic growth.

Development Partners

The iSOKO Platform has been supported through partnerships with organizations committed to advancing inclusive trade and economic empowerment, including:

  • Global Affairs Canada (GAC)
  • Mastercard Foundation
  • Foreign, Commonwealth & Development Office (FCDO)

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Eligibility

a) The Platform is open to individuals and organizations engaged in lawful trade, business, and economic activities.

b) Users must be at least 18 years old or represent a duly registered business entity in accordance with the laws of Kenya.

c) Users warrant that all information provided during registration is accurate, complete, and current.

3.2 Account Creation

a) Users must create an Account to access core Platform services.

b) Users are responsible for safeguarding their login credentials and maintaining account security.

c) Users must promptly update their account information whenever changes occur.

3.3 Account Suspension or Termination

The Company reserves the right to suspend or terminate any Account where:

  • False or misleading information has been provided;
  • Fraudulent or unlawful activities are detected;
  • These Terms have been violated.

Users remain responsible for any obligations incurred before account termination.

4. USER CONTENT AND RESPONSIBILITIES

4.1 Ownership of Content

Users retain ownership of all Content submitted to the Platform.

By uploading Content, Users grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, publish, distribute, modify, and display such Content for the operation, promotion, improvement, and sustainability of the Platform.

4.2 User Warranties

Users warrant that:

  • They possess all necessary rights to the Content submitted;
  • The Content does not infringe any third-party rights;
  • The Content is accurate and lawful;
  • The Content does not contain misleading or fraudulent information.

4.3 Company Rights

The Company reserves the right to review, edit, restrict, or remove Content that:

  • Violates these Terms;
  • Is unlawful or misleading;
  • Threatens platform security or user experience;
  • Damages the reputation of the Platform.

4.4 Content Moderation

Users remain solely responsible for Content they publish.

5. ORDERS, PAYMENTS AND MARKETPLACE TRANSACTIONS

5.1 Marketplace Transactions

iSOKO serves as a digital marketplace and facilitator.

The Company does not own, manufacture, inspect, or control products or services listed by Users.

Any transaction entered into through the Platform is solely between the Buyer and Seller.

Users should conduct appropriate due diligence before completing any transaction.

5.2 Payments

a) Where payment systems are integrated, payments may be processed through approved third-party payment providers.

b) Payment providers may impose their own fees, conditions, and terms.

c) The Company is not responsible for payment disputes, chargebacks, or refunds arising between Buyers and Sellers.

5.3 Logistics

The Company may facilitate access to logistics providers but does not assume liability for:

  • Delays;
  • Damages;
  • Losses during transportation;
  • Failure by logistics providers to perform contracted services.

5.4 Transaction Disputes

The Company shall not be liable for disputes arising between Users.

Users agree to release KNCCI, TMA, their employees, officers, contractors, and partners from claims arising from marketplace transactions conducted through the Platform.

6. PROHIBITED USES

Users shall not:

  • Engage in fraudulent or illegal activities;
  • List prohibited, counterfeit, stolen, hazardous, or restricted goods;
  • Upload malicious software or harmful code;
  • Attempt unauthorized access to Platform systems;
  • Harvest user information without authorization;
  • Impersonate another individual or organization;
  • Engage in harassment, discrimination, hate speech, or abuse;
  • Use automated tools to extract data without written authorization.

Violations may result in immediate suspension, termination, and legal action.

7. INTELLECTUAL PROPERTY

All intellectual property rights relating to the Platform, including software, trademarks, branding, content, designs, logos, databases, and systems are owned by or licensed to KNCCI, TradeMark Africa, and their authorized partners.

Users may not reproduce, distribute, modify, or exploit Platform content without prior written authorization.

The iSOKO name, logo, branding, and associated trademarks may not be used without permission.

8. COPYRIGHT POLICY

The Company respects intellectual property rights and applicable copyright laws.

Claims of copyright infringement should include:

  • Proof of ownership;
  • Description of the alleged infringement;
  • Location of the infringing material;
  • Contact details of the complainant.

The Company will investigate valid claims promptly in accordance with Kenyan law.

9. DISCLAIMER OF WARRANTIES

The Platform and Services are provided on an "as is" and "as available" basis.

The Company does not guarantee:

  • Continuous availability of the Platform;
  • Error-free operation;
  • Security against all threats;
  • Accuracy or completeness of marketplace information;
  • Performance of third-party service providers.

Users assume all risks associated with use of the Platform.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law, KNCCI, TMA, development partners, affiliates, officers, employees, and agents shall not be liable for:

  • Indirect losses;
  • Consequential damages;
  • Loss of profits;
  • Business interruption;
  • Data loss;
  • Reputational damage.

Where liability is established, it shall be limited to the amount paid by the User for the relevant service giving rise to the claim.

11. TERMINATION

The Company may suspend or terminate access to the Platform where:

  • These Terms are violated;
  • Fraudulent conduct is identified;
  • Continued access presents a risk to the Platform or Users.

Certain provisions including intellectual property rights, liability limitations, indemnities, and dispute resolution shall survive termination.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

Any dispute arising from the use of the Platform shall first be resolved through good-faith negotiations and mediation facilitated by KNCCI.

Where mediation fails, disputes shall be referred to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995 and the rules of the Chartered Institute of Arbitrators (Kenya Branch).

Nothing in this section prevents a party from seeking urgent injunctive relief through a court of competent jurisdiction.

13. DATA PROTECTION AND PRIVACY

The Company is committed to protecting personal information in accordance with the Data Protection Act, 2019 of Kenya and applicable regulations.

By using the Platform, Users consent to the collection, storage, processing, and use of personal data necessary for providing Platform services.

The Company shall implement reasonable technical and organizational measures to safeguard personal data.

14. AMENDMENTS TO THESE TERMS

The Company reserves the right to amend these Terms at any time.

Updated versions shall be published on the Platform and may be communicated through email, SMS, push notifications, or other appropriate channels.

Continued use of the Platform constitutes acceptance of any revised Terms.

15. FORCE MAJEURE

The Company shall not be liable for delays or failures resulting from circumstances beyond its reasonable control, including:

  • Natural disasters;
  • Government actions;
  • Cybersecurity incidents;
  • Utility failures;
  • Telecommunications disruptions;
  • Third-party service outages.

16. USER SUPPORT AND COMMUNICATIONS

Users may contact the Platform through official support channels published on the iSOKO Platform.

Users consent to receive electronic communications including:

  • Email notifications;
  • SMS notifications;
  • Push notifications;
  • In-app messages.

Such communications shall constitute valid notice where permitted by law.

17. ACKNOWLEDGMENT

By accessing or using the iSOKO Platform, Users acknowledge that they:

a) Have read and understood these Terms and Conditions;

b) Agree to be legally bound by them;

c) Are at least 18 years old or represent a duly registered business entity;

d) Will comply with all applicable laws and regulations while using the Platform.