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Terms of Service

Last updated: 12 June 2026 Β· Governed by Kenyan Law

Important Notice

These Terms of Service govern your use of Jijenge Swiftsoko and apply equally to Buyers, Sellers, and platform visitors. They have been drafted to be fair to all parties while complying with applicable Kenyan consumer protection, data protection, and e-commerce laws. Please read them carefully.

1

Introduction & Acceptance

These Terms of Service (β€œTerms”) constitute a legally binding agreement between you (β€œUser”, β€œBuyer”, or β€œSeller”) and Jijenge Swiftsoko (β€œPlatform”, β€œwe”, β€œus”, or β€œour”), a digital marketplace operating in the Republic of Kenya.

By accessing or using the Platform β€” whether to browse, purchase, list products, or otherwise engage with our services β€” you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and all applicable Kenyan laws.

If you do not agree to these Terms, you must discontinue use of the Platform immediately. We reserve the right to update these Terms at any time; continued use after a change constitutes acceptance of the revised Terms. Material changes will be notified via email or a prominent in-Platform notice.

Users must be at least 18 years of age or acting under the supervision of a legal guardian to use the Platform.

2

Definitions

"Platform" means the Jijenge Swiftsoko website, mobile applications, and all associated services.

"User" means any person accessing the Platform, including Buyers and Sellers.

"Buyer" means a User who purchases or intends to purchase goods listed on the Platform.

"Seller" means a User who lists and sells products through the Platform.

"Transaction" means any completed purchase of goods between a Buyer and a Seller facilitated by the Platform.

"KSh" means Kenya Shilling, the lawful currency of the Republic of Kenya.

3

User Accounts & Registration

To access certain features β€” including purchasing, listing products, tracking orders, and managing a wishlist β€” you must create an account. You agree to provide accurate, current, and complete registration information.

You are solely responsible for maintaining the confidentiality of your account credentials. Any activity occurring under your account is your responsibility. Notify us immediately at support@jijengeswiftsoko.co.ke if you suspect unauthorised access.

We reserve the right to suspend or permanently terminate any account that: (a) provides false information; (b) violates these Terms; (c) engages in fraudulent, abusive, or illegal conduct; or (d) has been inactive for more than 24 consecutive months.

One person may not maintain more than one Buyer account or more than one Seller account without prior written approval from the Platform.

4

Buyers β€” Purchases & Payments

All prices displayed on the Platform are in Kenya Shillings (KSh) and are inclusive of applicable Value Added Tax (VAT) at the rate prescribed under the Value Added Tax Act, Cap 476 of the Laws of Kenya, currently 16%.

Payment is accepted via M-Pesa (Safaricom), Visa/Mastercard debit and credit cards, and other payment methods we may introduce from time to time. Payment must be completed in full before an order is confirmed and dispatched.

Orders are subject to availability. We reserve the right to cancel an order if a product becomes unavailable after purchase, in which case a full refund will be issued within 3–5 working days.

Buyers are responsible for providing accurate delivery addresses. The Platform is not liable for non-delivery resulting from incorrect address information provided by the Buyer.

Risk of loss and title for purchased items transfer to the Buyer upon delivery confirmation.

5

Returns, Refunds & Dispute Resolution

Buyers have 14 calendar days from the confirmed delivery date to initiate a return request. To be eligible, items must be unused, in original condition, and returned with all original packaging and tags.

The following items are non-returnable: underwear and swimwear (for hygiene reasons), perishable goods, customised or personalised items, digital products, and any item explicitly marked 'Final Sale'.

Where a return is accepted due to a defective product, wrong item delivered, or item not matching the description, the Platform will cover return shipping costs. Change-of-mind returns are accepted within the 14-day window, but the Buyer bears return shipping costs.

Refunds will be processed within 3–5 working days of the Platform receiving and inspecting the returned item. M-Pesa refunds typically reflect immediately; card refunds may take 5–10 banking days depending on the issuing bank.

In the event of a dispute between a Buyer and a Seller, both parties should first attempt resolution through the Platform's internal support system. If unresolved within 14 days, disputes shall be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules, failing which either party may seek redress in the competent courts of Kenya.

6

Sellers β€” Listings & Obligations

Sellers must be registered businesses or individuals legally authorised to sell goods in Kenya. By listing on the Platform, Sellers warrant that: (a) they have legal title to or authorisation to sell the listed goods; (b) products comply with all applicable Kenyan product safety, labelling, and consumer protection laws; and (c) product descriptions, images, and specifications are accurate and not misleading.

Sellers are prohibited from listing: counterfeit or trademark-infringing goods; stolen property; goods requiring special licences that the Seller does not hold; prohibited or regulated goods under Kenyan law; and any item that violates the Platform's content policies.

The Platform charges a commission on each completed Transaction, the rate of which is communicated separately during Seller onboarding and may be revised with 30 days' written notice.

Sellers are responsible for accurate stock management. Repeated fulfilment failures β€” including cancellations due to out-of-stock items β€” may result in listing suspension or account termination.

Sellers must fulfil confirmed orders within the stated processing time. Failure to dispatch within 3 business days of payment confirmation without valid reason may result in automatic order cancellation and a full refund to the Buyer, with any associated costs borne by the Seller.

All Seller earnings are held in the Platform's escrow account and disbursed after the Buyer's 14-day return window expires and no dispute is raised, subject to deduction of applicable commission and fees.

7

Platform's Role & Liability

Jijenge Swiftsoko is a marketplace facilitator. We are not a party to the contract of sale between Buyer and Seller, except where we act as the direct seller. The Platform facilitates Transactions and provides infrastructure but does not own or take possession of products sold by third-party Sellers.

The Platform is not liable for: (a) the accuracy of Seller-provided product information; (b) the quality, safety, or legality of items listed by Sellers; (c) any indirect, incidental, or consequential damages arising from Platform use; or (d) losses arising from circumstances beyond our reasonable control (force majeure), including natural disasters, civil unrest, or failures of third-party services.

The Platform's maximum aggregate liability to any User for any claim arising under these Terms is limited to the total fees paid by that User to the Platform in the 90 days preceding the claim.

The Platform complies with the Consumer Protection Act, Cap 46B of the Laws of Kenya, and Users' statutory rights under that Act are not affected by these Terms.

8

Intellectual Property

All content on the Platform β€” including the Jijenge Swiftsoko name, logo, design system, software, and original written content β€” is the exclusive intellectual property of the Platform and is protected under the Copyright Act, Cap 130 of the Laws of Kenya.

Sellers grant the Platform a non-exclusive, royalty-free, worldwide licence to display their product images and descriptions on the Platform for the purpose of facilitating sales.

Users may not reproduce, distribute, or create derivative works from Platform content without express written authorisation. Unauthorised use constitutes copyright infringement and may attract civil and criminal liability under Kenyan law.

9

Prohibited Conduct

Users must not: (a) use the Platform for any unlawful purpose; (b) attempt to gain unauthorised access to Platform systems; (c) submit false reviews or engage in review manipulation; (d) engage in price manipulation or collusion with other Sellers; (e) circumvent the Platform to conduct off-platform transactions in order to avoid commission; (f) harass, threaten, or abuse other Users; or (g) impersonate another person or entity.

Violations may result in immediate account suspension, permanent termination, forfeiture of pending earnings, and/or referral to law enforcement authorities.

10

Privacy & Data Protection

The Platform collects and processes personal data in accordance with our Privacy Policy and in compliance with the Data Protection Act, No. 24 of 2019 of the Republic of Kenya.

By using the Platform, you consent to the collection and processing of your personal data as described in our Privacy Policy. You have the right to access, correct, and request deletion of your personal data subject to applicable legal requirements.

11

Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of the Republic of Kenya, and each party irrevocably submits to the personal jurisdiction of such courts.

Where disputes are referred to arbitration, the NCIA Nairobi Rules shall apply and the seat of arbitration shall be Nairobi, Kenya.

12

Amendments & Contact

We reserve the right to modify these Terms at any time. Non-material changes take effect immediately upon posting. Material changes will be notified at least 14 days in advance via email or in-Platform notice.

For questions, complaints, or legal notices, contact us at: legal@jijengeswiftsoko.co.ke or by post to: Jijenge Swiftsoko Legal Team, Westlands Commercial Centre, Nairobi, Kenya.

These Terms were last updated on 12 June 2026.

If you have any questions about these Terms, contact our legal team at legal@jijengeswiftsoko.co.ke. These Terms are effective as of 12 June 2026.

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