Mkataba wa huduma na sera /Terms of service and policies

Mkataba wa huduma na sera ya faragha/Terms of service and privacy policy

Ufupisho kwa kiswahili

Mtandao huu unaendeshwa na Mtandao wa Masoko wa Sahili ama ‘sahilinet’ na popote litakapotumika neno ‘sisi’ ama mtandao basi kila kilichomo katika makubaliano haya ni makubaliano baina ya sisi na wewe. ‘Wewe’ inamaanisha watumiaji woote wa huduma hii wauzaji, wanunuzi, wasafirishaji, wachangiaji na watoa huduma wote waliosajiliwa rasmi na wasiosajiliwa rasmi yaani wageni.

Soma na kuyafuata maelekezo ya makubaliano haya na ikiwa kuna mabadiliko yoyote basi utayakuta katika ukurasa huu. Sisi tunayo haki ya kuendelea kubadili vipengele kadha wa kadha katika makubaliano haya ili kukuhakikishia wewe huduma bora na ya uhakika.

Tutaendelea kutafsiri kwa kiswahili na kuhuisha vipengele vya mkataba huu. Ikiwa kutatokea mjadala wa kimaelewano, basi mkataba wa kiingereza utatumika

1- Masharti na kanuni za kuendesha duka la mtandaoni

1.0 Mtu yeyote mwenye sifa kisheria anaweza kufungua akaunti na kununua bidhaa kutumia huduma mbalimbali katika mtandao huu. Lakini kwa madhumuni ya kufungua duka la bidhaa ama huduma yafuatayo yazingatiwe.

1.1 Uwe na umri unaoruhusiwa kisheria kuingia mikataba na makubaliano.

1.2 Uwe ni mmiliki halali na wa mojakwamoja wa bidhaa unayoizalisha au huduma unayoitoa. Kwa makampuni yasiyouza bidhaa mojakwamoja toka kiwandani basi hapo anaweza kuruhusiwa muwakilishi ama ajenti kusajili duka.

1.3 Hairuhusiwi kutumia au kuuza bidhaa katika mazingira yanayokiuka sheria. Umakini unatakiwa kuangaliwa kwa vitu vyenye hatimiliki za watu wengine. Kwa lugha rahisi ni kwamba kama wewe sio mzalishaji wala ajenti basi usijimilikishe bidhaa na kuiweka katika duka lako la mtandaoni.

1.4 Hairuhusiwi kutuma wala kupakia katika mtandao mafaili yenye virusi au yenye wadudu waharibuo program za kompyuta. Kufanya hivyo ni kinyume na makubaliano.

1.5 Kutofuata kanuni hizi kutapelekea kusitishwa kwa huduma katika mtandao huu.

0 – General Overview
0.1 This website is operated by Sahili Marketplace Network or ‘sahilinet’ Throughout the site, the terms “we”, “us” and “our” refers to Sahili Marketplace Network. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

0.2 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

0.3 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the or any of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

0.4 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1 – Online Shop Terms

1.0 Any legal person may register an account with us and buy products or use the services that we and other users of the site provide. But for the purpose of creating your own online shop, the following terms are to be observed.
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

2 – General Conditions

2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3 – Accuracy, Completeness and Timeliness of Information
3.1 Sahili Marketplace Network will always strive to provide you with genuine information. We do make efforts to ensure registered users provide timely, accurate and complete information. A certification program shall be devised but meanwhile and until then;

3.2 We are not responsible if information provided by users and guests available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the users content on this site is at your own risk.
3.3 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 – Modificatios to the prices and services

4.1 Seasons and costs of production varry constantly, so prices for our products are subject to change without notice. But you will surely notice!
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5 – ProductorServices (if applicable)
5.1 Certain products (like downloadable objects)or services may be available exclusively online through the website. These products or services may have limited quantities and are not subject to return or exchange. However unsatisfactory product or service may or may not be refunded which will be determined on a case by case basis.
5.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6 – Billing and Account Information
6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7 – Optional Tools and Third-Party Links
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
7.4 We may also, in the future, offer new services and/or features through the website (including certification, approval, release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service or then currently updated Terms of Services.
7.5 Certain content, products and services available via our Service may include materials from third-parties.
7.6 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
7.8 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8 – Refunds and Return Policy

8.1 A user shall be obliged to confirm delivery by notifying us within 24 hours of receiving the package also under reasonable discretion the order will be completed and the funds unfrozen

8.2 Any return request should be made directly from the site within two days after order being delivered

8.3 Products should be returned in the exact same condition as received with no visual signs of use. They should be returned in the original packaging along with all accessories (including manuals, warranty cards, certificate of authenticity) and free gifts received with it

8.4 Buyers bear all shipping costs for the return, with exception to cases where buyer and seller negotiate and agree on cost sharing options.

8.5 Buyer must write reasons why he/she want to return

8.6 All returns must be granted / denied by Vendors with reason for such action, if vendor failed to act within three days since return application date by user, our system will automatically confirm the return and continue with refund.

8.8 If refund is to be granted, we will not refund transaction cost incured by buyer when buying.

8.9 All refunds will need atleast ten working days.

9 – Billing Policy

9.1 For ensuring sustainability and to cater for transactional fees costs there shall be a tiny commision of about 8% to the earnings made by orders completed within the site. The amount a shop owner earns is subject to change depending on contribution to the community of Sahili Marketplace Network. One may earn 92% to as much as 99% of the sales.

9.2 As a vendor you can use premium services provided by the Administrator in order to promote your shop and attract more users to them.

9.3 The Administrator offers premium services such as Certificate of Verification and Valuable Contributor packages. If you order a Certificate of Verification, your shop will be verified of its existance and reliability this gives trust to the your customers. The Valuable Contributor is the one whose teachings and blogs helps and empower other users to learn new crafts. The advantage of this package is that you will receive a higher rate in the earnings for orders made in this site. The ordinary rate is 92% it can go up to 97% which is necessary to cover like only transaction fees.

9.4 As a user a Valuable Contributor package may result from inviting new members, sharing in social media, contributing to a blog and reviewing bought products and shops. The advantage of which will be discount coupons for subsequent purchases. This package comes more as a gift or prize than an obligation of Sahili Marketplace Network. Feel free to ask for such gifts through

9.5 We reserves the right, in our sole discretion, to change the features and types of premium services, fees, and acceptable payment methods from time to time and for any reason.

9.6 Unless otherwise provided by mandatory rules of the applicable law, any fees paid for premium services are non-refundable due to the online nature of the services. You acknowledge and agree that we will not make any prorated refunds in the event your shop, product or service violates Terms of Service and is removed from the site or when you deactivate your account or shop by yourself.

9.7 Certificate of Aproval package is subject to a 12 months validity period from the date of purchase (the “Service Validity Period”). A Valuable Contributor discount coupon varry in validity ranging from days, weeks or months depending on the nature of the coupon. You acknowledge and agree that if you fail to use the package during the Service Validity Period, you will have neither the right to initiate or use such package nor any right to refund, compensation or replacement.

9.8 Available premium services are not subscription-based, therefore you should renew their validity period manually each time you need them.

9.9 Administrator does not guarantee any results of premium services and will not be held liable if they do not meet your expectations.

10Feedback, Comments and Other Submissions
10.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
10.1 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
10.2 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

10.3 You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11 – Errors, Inaccuracies And Omissions
11.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12 – Prohibited Uses
12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13 – Disclaimer of Warranties; Limitation of Liabilities
13.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
13.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13.3 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.4 In no case shall Sahili Marketplace Network (sahilinet), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14 – Indemnification
14.1 You agree to indemnify, defend and hold harmless Sahili Marketplace Network (sahilinet) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15 – Severability
15.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforce-ability of any other remaining provisions.

16 – Termination
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17 – Entire Agreement
17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18 – Governing Law and Jurisdiction
18.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Tanzania, United Republic Of.

18.2 Any dispute, controversy or claim arising out of or in connection to this contract, or breach, termination or invalidity thereof shall be settled by arbitration in accordance with governing laws. The language to be used in the arbitral proceedings shall be English.

19 – Changes to Terms Service
19.1 You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

19.2 Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20 – Contact Information
Inquiries about the Terms of Service should be sent to us at