TERMS AND CONDITIONS OF USE – iSOKO KENYA

Effective Date: April 3, 2025

1. DEFINITIONS

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

1.1 “Service” refers to the iSOKO Platform, including its website, Android and iOS applications, USSD services, and any other digital or offline services provided by Trademark Africa in connection with the iSOKO system.

1.2 “iSOKO Platform” means the digital marketplace and trade facilitation platform operated by TradeMark Africa (TMA). The Platform provides, but is not limited to, the following services:
(a) Online buying and selling of goods and services;
(b) Dissemination of trade and market information;
(c) Business record management tools;
(d) Access to logistics, financial services, and market linkages;
(e) Support for cross-border trade.

1.3 “User” refers to any individual or entity accessing or using the iSOKO Platform, including Sellers, Buyers, logistics providers, service providers, administrators, associations, government agencies, or other authorized stakeholders.

1.4 “Account” means the unique digital profile created by a User to access the Platform’s features and services.

1.5 “Content” includes all materials uploaded, posted, transmitted, or made available on the Platform, such as product listings, images, trade data, business information, reviews, comments, and messages.

1.6 “Company” refers to trademark Africa, its officers, employees, and authorized partners responsible for operating and administering the iSOKO Platform.

1.7 “Third-Party Services” refers to external services integrated into the Platform, including but not limited to payment gateways, financial institutions, logistics providers, and communication tools.

1.8 “Terms” refers to this legally binding agreement between the User and the Company, including any amendments or updates.

2. ABOUT US

The iSOKO Platform is an initiative led by TradeMark Africa (TMA).

• TradeMark Africa (TMA): Established in 2010, TMA is an Aid-for-Trade organization focused on increasing intra-African trade, making it more inclusive, sustainable, and pro-poor. TMA collaborates with development partners and stakeholders to enhance trade and investment across Africa.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Eligibility:
(a) The iSOKO Platform is open to individuals and businesses engaged in lawful trade and commerce.
(b) Users must be at least 18 years old or represent a duly registered business entity under Kenyan law.
(c) Users represent and warrant that all information provided during registration is accurate, complete, and up-to-date.

3.2 Account Creation:
(a) Users must register and create an Account to access core Platform features, including product listing, order placement, and communication tools.
(b) Users are responsible for maintaining the confidentiality of their login credentials. The Company is not liable for unauthorized access due to User negligence or failure to secure their Account.
(c) Users must promptly update their Account information to ensure accuracy.

3.3 Account Suspension or Termination:
(a) The Company reserves the right to suspend or terminate an Account if a User provides false information, engages in fraudulent activities, or violates these Terms.
(b) Upon termination, Users remain responsible for any outstanding obligations, including payments or deliveries, incurred prior to termination.
(c) Users may request Account closure by contacting support.isoko@isoko.africa.

4. USER CONTENT AND RESPONSIBILITIES

4.1 Ownership of Content:
(a) Users retain ownership of all Content they submit to the Platform.
(b) By uploading Content, Users grant the iSOKO a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, distribute, and display such Content for purposes related to the operation, promotion, and improvement of the Platform.

4.2 User Warranties:
Users represent and warrant that:
(a) They have legal rights to all Content posted;
(b) Content does not infringe on any third-party intellectual property, privacy, or contractual rights;
(c) Content is accurate, non-misleading, and compliant with applicable laws.

4.3 Company Rights:
(a) The Company may review, edit, refuse, or remove Content at its sole discretion if it is deemed unlawful, offensive, misleading, or in violation of these Terms.
(b) The Company may suspend or restrict Content that threatens the Platform’s security, reputation, or User experience.

4.4 Content Moderation:
The Company employs reasonable measures to monitor Content but is not obligated to pre-screen all submissions. Users are solely responsible for the legality and accuracy of their Content.

5. ORDERS AND PAYMENTS

5.1 Order Placement:

We have no control over and do not guarantee the quality, safety, delivery or legality of items posted, truth or accuracy of the representations made by sellers or providers in respect of the items listed on this platform. If you order and purchase any of the products or services offered by these sellers and providers, you are purchasing directly from third parties and not from the Chamber. We do not assume any responsibility or liability for any action, product or service of these and any other third parties.  

Please use caution, , and practice safe exchange when using the platform. Please also note that there are also risks of people acting under false pretense to display inaccurate or deceptive information. You should carefully review their conditions before ordering a product or service.  

5.2 Payments:
(a) Unless integrated with a payment gateway, payments are settled directly between Buyers and Sellers.
(b) When payment systems are integrated, transactions will be processed through approved Third-Party Payment Gateways, subject to their respective terms, fees, and conditions.
(c) The Company is not responsible for refund disputes, which must be resolved directly between Buyers and Sellers.

5.3 Logistics:
(a) Logistics arrangements may be managed by Sellers, Buyers, or approved Third-Party logistics providers.
(b) The Company is not liable for delays, damages, or losses during transit. Users are encouraged to verify the reliability of logistics providers.

5.4 Dispute Resolution for Transactions:

In the event that a dispute arises between you and one or more users, you release the Chamber (and our staff, sub-contractors and all affiliated parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed out of in any way connected with such disputes. 

The company will not be liable for any loss of profits, contracts, data or any other consequential loss arising from the use of the platform.  

6. PROHIBITED USES

Users are strictly prohibited from:
(a) Using the Platform for illegal, fraudulent, or unauthorized transactions;
(b) Listing or trading prohibited items, including but not limited to narcotics, weapons, counterfeit goods, or hazardous materials;
(c) Uploading viruses, malware, or any malicious code;
(d) Interfering with or disrupting the Platform’s functionality or security;
(e) Impersonating another User, Company representative, or third party;
(f) Using automated tools (e.g., bots, scrapers) to extract data without permission;
(g) Engaging in harassment, hate speech, defamation, or discriminatory practices.

Violations may result in immediate Account suspension, termination, legal action, and/or reporting to relevant authorities.

7. INTELLECTUAL PROPERTY

7.1 All intellectual property rights in the iSOKO Platform, including its software, branding, logos, and trademarks, are owned by or licensed by TMA.

7.2 Users are prohibited from reproducing, distributing, modifying, or creating derivative works of the Platform or its components without prior written consent from the Company.

7.3 Users may not use the iSOKO name, logo, or branding for any purpose without express permission.

8. COPYRIGHT POLICY

8.1 The Company respects intellectual property rights and complies with applicable copyright laws.

8.2 To report copyright infringement, rights holders must submit a written claim to support.isoko@isoko.africa  including:
(a) Evidence of ownership of the copyrighted material;
(b) A description of the infringing material;
(c) The URL or location of the infringing Content;
(d) Contact information and a statement of good faith belief that the use is unauthorized.

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

9. DISCLAIMER OF WARRANTIES

9.1 The iSOKO Platform and Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory.

9.2 The Company does not guarantee:
(a) Uninterrupted, error-free, or secure operation of the Platform;
(b) The accuracy, completeness, or reliability of trade information provided;
(c) The quality, suitability, or availability of products or services listed.

9.3 Users assume all risks associated with their use of the Platform and Third-Party Services.

10. LIMITATION OF LIABILITY

10.1 To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents shall not be liable for any indirect, punitive, special, incidental, or consequential damages arising from or in connection with:
(a) Use of the Platform or Services;
(b) Transactions conducted through the Platform;
(c) Any violation of these Terms or applicable laws by a User.

10.2 If liability is found, the Company’s liability shall be limited to the amount paid by the User for products or services on the Platform, excluding consequential or punitive damages.

10.3 Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to all Users.

11. TERMINATION

11.1 The Company may suspend or terminate a User’s Account or access to the Platform immediately, without prior notice or liability, for reasons including but not limited to:
(a) Violation of these Terms;
(b) Engagement in fraudulent, unlawful, or harmful activities;
(c) Inactivity for an extended period, as determined by the Company.

11.2 Users may terminate their Account by contacting support.isoko@kenyachamber.or.ke.

11.3 Provisions of these Terms that by their nature should survive termination (e.g., ownership, disclaimers, indemnity, and liability limitations) shall remain in effect after termination.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

12.2 Disputes arising from these Terms or use of the Platform shall first be resolved amicably through mediation facilitated by Trademark Africa within 30 days.

12.3 If mediation fails, disputes shall be referred to arbitration in Kenya, under the rules of the Kenya, with the decision being final and binding.

12.4 Nothing in this section prevents the Company or Users from seeking injunctive relief in a court of competent jurisdiction.

13. AMENDMENTS TO TERMS

13.1 The Company reserves the right to modify these Terms at any time to reflect changes in the Platform, legal requirements, or operational needs.

13.2 Updated Terms will be posted on the Platform, and Users will be notified via email or in-app notifications where feasible.

13.3 Continued use of the Platform after amendments constitutes acceptance of the revised Terms.

14. FORCE MAJEURE

The Company shall not be liable for delays, failures, or interruptions in providing the Services due to events beyond its reasonable control, including but not limited to natural disasters, government actions, cyberattacks, or disruptions in Third-Party Services.

15. USER SUPPORT AND COMMUNICATIONS

15.1 For support, inquiries, or complaints, Users may contact us through support@isoko.africa. 

15.2 Users consent to receive electronic communications (e.g., SMS, emails, push notifications, in-app messages) from the Company, which shall constitute valid legal notice.

15.3 Users may opt out of non-essential communications by adjusting their Account settings or contacting support, subject to applicable laws.

16. ACKNOWLEDGMENT

By accessing or using the iSOKO Platform, Users confirm that they:
(a) Have read, understood, and agree to be bound by these Terms;
(b) Are at least 18 years of age or represent a duly registered business entity;
(c) Will comply with all applicable laws and regulations while using the Platform.