1. Introduction
1.1. Moisture Plus Enterprises Limited (“Moisture Plus” or “we”) operates an e-commerce
platform consisting of a website and mobile application (“marketplace”), together with supporting
logistics and payment infrastructure, for the purchase of consumer products in East Africa
including Kenya, Uganda, Tanzania, Rwanda, Burundi and South Sudan (“territory”).
1.2. These general terms and conditions shall apply to buyers on the marketplace and shall
govern your use of the marketplace and related services.
1.3. By using our marketplace, you accept these general terms and conditions in full. If you
disagree with these general terms and conditions or any part of these general terms and
conditions, you must not use our marketplace.
1.4. If you use our marketplace in the course of a business or other organizational project, then
by so doing you:
1.4.1. confirm that you have obtained the necessary authority to agree to these general terms
and conditions;
1.4.2. bind both yourself and the person, company or other legal entity that operates that
business or organizational project, to these general terms and conditions; and
1.4.3. agree that "you" in these general terms and conditions shall reference both the individual
user and the relevant person, company or legal entity unless the context requires otherwise.
2. Registration and account
2.1. You may not register with our marketplace if you are under 18 years of age (by using our
marketplace or agreeing to these general terms and conditions, you warrant and represent to us
that you are at least 18 years of age).
2.2. You may register for an account with our marketplace by completing and submitting the
registration form on our marketplace.
2.3. You represent and warrant that all information provided in the registration form is complete
and accurate.
2.4. If you register for an account with our marketplace, you will be asked to provide an email
address/user ID and password and you agree to:
2.4.1. keep your password confidential;
2.4.2.notify us in writing immediately (using our contact details provided herein) if you
become aware of any disclosure of your password; and
2.4.3. be responsible for any activity on our marketplace arising out of any failure to keep
your password confidential, and that you may be held liable for any losses arising
out of such a failure.
2.5. Your account shall be used exclusively by you and you shall not transfer your account to
any third party. If you authorize any third party to manage your account on your behalf this shall
be at your own risk.
2.6. We may suspend or cancel your account, and/or edit your account details, at any time in
our sole discretion and without notice or explanation, providing that if we cancel any products or
services you have paid for but not received, and you have not breached these general terms
and conditions, we will refund you in respect of the same.
2.7. You may cancel your account on our marketplace by contacting us as provided herein.
3. Terms and conditions of sale
3.1. You acknowledge and agree that the marketplace provides an online location for buyers to
purchase products;
3.2 the price for a product will be as stated in the relevant product listing;
3..3 delivery charges, packaging charges, handling charges, administrative charges, insurance
costs, other ancillary costs and charges, will be payable by the buyer;
3.4 import and excise taxes will also be payable by the buyer;
3.5 The product presentation on our Website does not represent an offer but shall be
understood
as a non-binding invitation for the customer to submit an order.
3.6 By clicking the “Buy now” button, you send us a binding offer for the conclusion of a
purchase
agreement with Moisture Plus regarding the items in your shopping cart (hereinafter referred to
as “Order”).
3.7 Moisture Plus may, at its discretion, accept or reject the Order. Moisture Plus will accept
your Order by sending an order confirmation or simply by delivering the item(s) to you. Unless
otherwise stated, the effective date of the purchase agreement is the date on which Moisture
Plus
confirms by email the acceptance of your Order. The purchase agreement shall become binding
for Moisture Plus only upon receipt of the full payment for the purchase.
4. Returns and refunds
4.1. Returns of products by buyers shall be managed by us. Acceptance of returns shall be in
our discretion;
4.2. Refunds in respect of returned products shall be in our discretion;
4.3. Returned products shall be accepted and refunds issued by Moisture Plus.
5. Payments
5.1. You must make payments due under these general terms and conditions in accordance
with the directions given by us.
6. Use of website and mobile applications
6.1. You may:
6.1.1. view pages from our website in a web browser;
6.1.2. download pages from our website for caching in a web browser;
6.1.3. print pages from our website for your own personal and noncommercial use, providing
that such printing is not systematic or excessive;
6.1.4. stream audio and video files from our website using the media player on our website; and
6.1.5. use our marketplace services by means of a web browser.
6.2. Except as expressly permitted by this clause or the other provisions of these general terms
and conditions, you must not download any material from our website or save any such material
to your computer.
6.3. You may only use our website for your own personal and business purposes in respect of
purchasing products on the marketplace.
6.4. Except as expressly permitted by these general terms and conditions, you must not edit or
otherwise modify any material on our website.
6.5. You must not:
6.5.1. republish material from our website (including republication on another website);
6.5.2. sell, rent or sub-license material from our website;
6.5.3. show any material from our website in public;
6.5.4. exploit material from our website for a commercial purpose; or
6.5.5 redistribute material from our website.
6.6. Notwithstanding section 6.5, you may forward links to products on our website and
redistribute our newsletter and promotional materials in print and electronic form to any person.
6.7. We reserve the right to suspend or restrict access to our website, to areas of our website
and/or to functionality upon our website. We may, for example, suspend access to the website
during server maintenance or when we update the website. You must not circumvent or bypass,
or attempt to circumvent or bypass, any access restriction measures on the website.
6.8. You must not:
6.8.1. use our website in any way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability, accessibility, integrity or security of the
website;
6.8.2. use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
6.8.3. hack or otherwise tamper with our website;
6.8.4. probe, scan or test the vulnerability of our website without our permission;
6.8.5. circumvent any authentication or security systems or processes on or relating to our
website;
6.8.6. use our website to copy, store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software;
6.8.7. impose an unreasonably large load on our website resources (including bandwidth,
storage capacity and processing capacity);
6.8.8. decrypt or decipher any communications sent by or to our website without our permission;
6.8.9. conduct any systematic or automated data collection activities (including without limitation
scraping, data mining, data extraction and data harvesting) on or in relation to our website
without our express written consent;
6.8.10. access or otherwise interact with our website using any robot, spider or other automated
means, except for the purpose of search engine indexing;
6.8.11. violate the directives set out in the robots.txt file for our website;
6.8.12. use data collected from our website for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct mailing); or
6.8.13. do anything that interferes with the normal use of our website.
7. Copyright and trademarks
7.1. Subject to the express provisions of these general terms and conditions:
7.1.1. we own and control all the copyright and other intellectual property rights in our
website and the material on our website; and
7.1.2. all the copyright and other intellectual property rights in our website and the
material on our website are reserved.
7.2. Moisture Plus’ logos and our other registered and unregistered trademarks are trademarks
belonging to us; we give no permission for the use of these trademarks, and such use shall
constitute an infringement of our rights.
7.3. The third party registered and unregistered trademarks or service marks on our website are
the property of their respective owners and we do not endorse and are not affiliated with any of
the holders of any such rights and as such we cannot grant any license to exercise such rights.
8. Data privacy policy
8.1. Buyers agree to processing of their personal data in accordance with the terms of Moisture
Plus’s data privacy policy contained herein.
8.2. Moisture Plus shall process all personal data obtained through the marketplace and related
services in accordance with the terms of our data privacy policy.
9. Due diligence and audit rights
9.1. We operate an anti-money laundering compliance program and reserve the right to perform
due diligence checks on all users of the marketplace.
9.2. You agree to provide to us all such information, documentation and access to your
business premises as we may require:
9.2.1. in order to verify your adherence to, and performance of, your obligations under this
Agreement;
9.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental
body; or
9.2.3. as otherwise required by law or applicable regulation.
10. Moisture Plus’s role as a marketplace
10.1. We do not warrant or represent:
10.1.1. the completeness or accuracy of the information published on our marketplace;
10.1.2. that the material on the marketplace is up to date;
10.1.3. that the marketplace will operate without fault; or
10.1.4. that the marketplace or any service on the marketplace will remain available.
10.2. We reserve the right to discontinue or alter any or all of our marketplace services, and to
stop publishing our marketplace, at any time in our sole discretion without notice or explanation;
and you will not be entitled to any compensation or other payment upon the discontinuance or
alteration of any marketplace services, or if we stop publishing the marketplace.
10.3. We do not guarantee any commercial results concerning the use of the marketplace.
10.4. To the maximum extent permitted by applicable law and subject to section 11.1 below, we
exclude all representations and warranties relating to the subject matter of these general terms
and conditions, our marketplace and the use of our marketplace.
11. Limitations and exclusions of liability
11.1. The limitations and exclusions of liability set out in this section 11 and elsewhere in these
general terms and conditions govern all liabilities arising under these general terms and
conditions or relating to the subject matter of these general terms and conditions, including
liabilities arising in contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these general terms and conditions.
11.2. In respect of the services offered to you free of charge we will not be liable to you for any
loss or damage of any nature whatsoever.
11.3. Our aggregate liability to you in respect of any contract to provide services to you under
these general terms and conditions shall not exceed the total amount paid and payable to us
under the contract. Each separate transaction on the marketplace shall constitute a separate
contract for the purpose of this section 11.3.
11.4. Notwithstanding section 11.3 above, we will not be liable to you for any loss or damage of
any nature, including in respect of:
11.4.1. any losses occasioned by any interruption or dysfunction to the website;
11.4.2. any losses arising out of any event or events beyond our reasonable control;
11.4.3. any business losses, including (without limitation) loss of or damage to profits,
income, revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill;
11.4.4. any loss or corruption of any data, database or software; or
11.4.5. any special, indirect or consequential loss or damage.
11.5. We accept that we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a limited liability
entity; you agree that you will not bring any claim personally against our officers or employees in
respect of any losses you suffer in connection with the marketplace or these general terms and
conditions.
11.6. Our marketplace includes hyperlinks to other websites owned and operated by third
parties; such hyperlinks are not recommendations. We have no control over third party websites
and their contents, and we accept no responsibility for them or for any loss or damage that may
arise from your use of them.
12. Indemnification
12.1. You hereby indemnify us, and undertake to keep us indemnified, against:
12.1.1. any and all losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to any third party in
settlement of a claim or dispute) incurred or suffered by us and arising directly or
indirectly out of your use of our marketplace or any breach by you of any
provision of these general terms and conditions or the Moisture Plus codes,
policies or guidelines; and
12.1.2. any VAT liability or other tax liability that we may incur in relation to any sale,
supply or purchase made through our marketplace, where that liability arises out
of your failure to pay, withhold, declare or register to pay any VAT or other tax
properly due in any jurisdiction.
13. Breaches of these general terms and conditions
13.1. If we permit the registration of an account on our marketplace it will remain open
indefinitely, subject to these general terms and conditions.
13.2. If you breach these general terms and conditions, or if we reasonably suspect that you
have breached these general terms and conditions or any Moisture Plus codes, policies or
guidelines in any way we may:
13.2.1. temporarily suspend your access to our marketplace;
13.2.2. permanently prohibit you from accessing our marketplace;
13.2.3. block computers using your IP address from accessing our marketplace;
13.2.4. contact any or all of your internet service providers and request that they block
your access to our marketplace;
13.2.5. suspend or delete your account on our marketplace; and/or
13.2.6. commence legal action against you, whether for breach of contract or otherwise.
13.3. Where we suspend, prohibit or block your access to our marketplace or a part of our
marketplace you must not take any action to circumvent such suspension or prohibition or
blocking (including without limitation creating and/or using a different account).
14. Entire agreement
These general terms and conditions and the Moisture Plus codes, policies and guidelines shall
constitute the entire agreement between you and us in relation to your use of our marketplace
and shall supersede all previous agreements between you and us in relation to your use of our
marketplace.
15. Hierarchy
Should these general terms and conditions, the seller terms and conditions, and the Moisture
Plus codes, policies and guidelines be in conflict, these terms and conditions, and the Moisture
Plus codes, policies and guidelines shall prevail.
16. Variation
16.1. We may revise these general terms and conditions, and the Moisture Plus codes, policies
and guidelines from time to time.
16.2. The revised general terms and conditions shall apply from the date of publication on the
marketplace.
17. Severability
17.1. If a provision of these general terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions will continue in
effect.
17.2. If any unlawful and/or unenforceable provision of these general terms and conditions
would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in effect.
18. Assignment
18.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our
rights and/or obligations under these general terms and conditions.
18.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these general terms and conditions.
19. Third party rights
19.1. A contract under these general terms and conditions is for our benefit and your benefit,
and is not intended to benefit or be enforceable by any third party.
19.2. The exercise of the parties' rights under a contract under these general terms and
conditions is not subject to the consent of any third party.
20. Law and jurisdiction
20.1. These general terms and conditions shall be governed by and construed in accordance
with the laws of Kenya.
20.2. Any disputes relating to these general terms and conditions shall be subject to the
exclusive jurisdiction of the courts of Kenya.
21. Our company details
21.1. The marketplace is operated by Moisture Plus Enterprises Limited. We are registered in
Kenya and our registered office is at Riara Road,
PO Box 0714178907 – 00505, Nairobi, Kenya.