Seller Terms & Conditions

Version 1.0 as at 27th August 2020

Welcome to the mamboonline.com site (‘Site’) and its related mobile application (‘App’) [jointly referred to as the ‘Platform’] and our selling services (the ‘Services’). Any person who wants to access the Platform and use the Services to sell items must accept these terms and conditions (‘Terms and Conditions’) without change. 

By registering for and using the Services, you agree to be bound by the Terms and Conditions and all policies and guidelines of the Platform are incorporated by reference.

Mambo Online Limited (‘Mambo Online’) reserves the right to change these Terms and Conditions or any policies or guidelines governing the Platform or Services, at any time and in its sole discretion. Any changes will be effective no earlier than fifteen (15) days from the date of first notification of the revisions on the Platform, inclusive of the date of posting. All notice of changes to these Terms and Conditions will be sent to you through your operative email address, as obtained during the Know Your Customer (‘KYC’) process and updated by you from time to time and as necessary. It is your responsibility to notify Mambo Online of any changes to your operative email address, operative phone number and operative postal address. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Platform and the Services following Mambo Online’s notice of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms and Conditions, do not continue to use the Services or this Platform.

  1. Eligibility. Use of the Platform and Services is limited to parties that can lawfully enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your business name (or real name if you are an individual seller), physical address, a copy of any identification document (such as a certificate of incorporation, a certificate of business registration, a trust deed, a national identity card, a driver’s license or a passport), operative postal address, operative phone number, operative e-mail address and credit card number (if paying registration or subscriptions via credit card).
  2. Sellers’ Listing Fees and Payment Terms. Please review the Fee Schedule and Payment Terms contained in the Fees and Commissions section. The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of listing the item/shop products shall govern the transaction. You should check the fees and terms each time you participate. All fees shall be deducted from the Seller e-wallet. By listing an item/items for sale on the Platform, you authorize Mambo Online to charge your e-wallet for amounts due.
  3. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines contained in the https://mamboonline.co.ke/vendoragreement for selling, which are incorporated by reference into, and made part of, these Terms and Conditions. The procedures and guidelines contained in the https://mamboonline.co.ke/vendoragreement explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the https://mamboonline.co.ke/vendoragreement to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale can be sold on the Platform, legally or otherwise.
  4. Mambo Online’s role is to provide a venue for third-party sellers and buyers to negotiate and complete transactions. Mambo Online is not involved in the actual transaction between sellers and buyers and is not the agent of and has no authority for either for any purpose. As a Seller, you may list any item/items in your shop] on the Platform unless it is a prohibited item as defined in the procedures and guidelines contained in the https://mamboonline.co.ke/vendoragreement.  Without limitation, you may not list any item or link or post any related material that: (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item(s) for sale. As a Seller, you use the Platform and the Services at your own risk.
  5. The Payment Service. In order to sell items on mamboonline.com you must register with Mambo Online and use the mamboonline.com payment service (‘Payment Service’).
  • The Payment Service facilitates the purchase of Seller items listed on the Platform. A Buyer authorized credit card or mobile money payment (‘Payment Transaction’) is credited to a registered Seller’s Account Summary, and settlement is made by Mambo Online to the Seller’s designated checking account (‘Seller’s Account’). Subject to Section 5(d) below, we will initiate:
  1. a credit to Seller’s e-wallet: (i) seven (7) days after the conclusion of a credit card transaction (‘T+7’); (ii) two (2) days after the conclusion of a MPESA mobile money transaction (‘T+2’); and (iii) four (4) days after the conclusion of an AIRTEL or EQUITEL mobile money transaction (‘T+4’); and
  2. a transfer to Seller’s Account every Friday (‘Payment Date’) for the total amount of Payment Transactions received from Buyer’s authorized credit card or mobile money transactions for Seller, less any refunds or authorized deductions, during the last seven (7) days. The amount of the fees for Payment Transactions will be posted to Seller’s Account Summary.
  • The Buyer may authorize a Payment Transaction with any major credit card accepted by Mambo Online or any mobile payment service provider signed up with Mambo Online, directly or indirectly. The Payment Service helps facilitate transactions and is not the purchaser of the Seller’s goods. Seller will resolve any dispute directly with Buyer or with the assistance of Mambo Online and not through the Payment Service. Seller must register online with mamboonline.com to use the Payment Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he, she or it is not legally authorized to use. Seller authorizes us to verify his, her or its information (including any updated information), to obtain credit reports about Seller from time to time while Seller is registered with the Payment Service, and to obtain an initial credit authorization from Sellers’s credit card issuer at time of registration.
  • The Payment Service is available only to natural and legal persons who meet the terms of eligibility for the mamboonline.com online selling community and whose applications are acceptable to Mambo Online. Payment Transactions can be credited only to bank checking accounts in Kenya. Sellers waive any rights with respect to the Service when shipping to an address other than that provided by the Service.
  • The Payment Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate Payment Transaction credits to Seller’s Account only on a Business Day when the automated clearinghouses are open for business. For purposes of these Terms and Conditions, a Business Day is a Monday through Friday, excluding gazetted national holidays in Kenya. We will send a receipt to Seller via e-mail for each completed Payment Service transaction. In addition, Seller can access his or her Payment Service transaction information online on Vendor Wallet Module. Seller may access the Vendor Wallet feature only with a browser that is compatible with the Payment Service, including any security features that are a part of the Payment Service.
  • If in any transaction the Buyer has overpaid for a purchase, Mambo Online will, once notified by the Buyer or the Seller, credit the Buyer’s e-wallet with an amount equivalent to the overpayment for future purchases.
  • All balances for a given 7-day period will be reflected in the Seller’s Account Summary located on the Vendor Wallet Module when logging on with Seller’s password. 
  • As a regulatory and security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a regulatory or security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
  • We reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller’s bank account (or sending paper cheques) pending an investigation if we, in our sole discretion, believe Buyer or Seller may have violated or breached the Terms and Conditions. Notwithstanding any other provision of these Terms and Conditions, if we determine, in our sole discretion, that Seller has violated these Terms and Conditions, we may refuse to deliver a Payment Transaction credit to Seller and may instead maintain the amount of such credit in a trust account or may return the amount of the credit to Buyer. We will not be liable to Seller if we act in accordance with the provisions of this Section.
  1. All notices will be sent by e-mail or will be posted on the Platform. We will send notices to Seller at the operative e-mail address maintained in Mambo Online’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. Seller will send notices to us at our current operative e-mail address published on our Web site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed via registered mail (‘Registered Mail’) properly addressed or personally delivered by legally registered express couriers. Registered Mail is properly addressed if sent by us to the address maintained in our records for Seller. Registered Mail is deemed received three Business Days after it is deposited in a designated Postal Corporation of Kenya (‘PCK’) branch office. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
  • The fee for registering for the Payment Service is posted on our Fee Schedule and incorporated herein by this reference https://mamboonline.co.ke/feesandcommissions. We may, in our sole discretion, waive, reduce, or reverse charges or fees for a specific transaction.
  • We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to: (i) reimburse Buyer under these Terms and Conditions; (ii) provide a refund to Buyer if Seller cannot promptly deliver the goods; (iii) discover erroneous or duplicate transactions; or (iv) receive a chargeback from Buyer’s credit card issuer for the amount of Buyer’s purchase from Seller. We may obtain such reimbursement by deducting from future payments owed to Seller, reversing any credits to Seller’s Bank Account, charging Seller’s credit card, or seeking such reimbursement from Seller by any other lawful means.
  • Seller may terminate its participation in the Payment Service at any time by giving at least 14 days’ notice to us, and we may terminate Seller’s participation in the Payment Service at any at any time by giving reasonable notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. In addition, upon termination, any pending transactions will be canceled.
  • If you have any questions concerning the Payment Service, please contact Mambo Online at [0110007000].
  1. Mambo Online’s Reservation of Rights. Mambo Online retains the right to immediately halt any sale, prevent or restrict access to the Platform or the Services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the procedures and guidelines contained in the Vendor Agreement section. 
  2. Mambo Online’s Participation. Mambo Online itself may participate in sales from time to time. In addition, employees of Mambo Online are permitted to participate in their personal capacity (i.e., not as Mambo Online employees, representatives, or agents) as Sellers or Buyers in the transactions conducted through this Platform (unless they have confidential information about a particular item). Mambo Online employees, when participating in any transaction in their personal capacity, are subject to these Terms and Conditions and the same procedures and guidelines contained in the Vendor Agreement section as any Buyer or Seller on this Platform.
  3. Your Transactions
  • For sales where a Seller lists goods at a fixed price (‘fixed price sales’), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller’s terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.
  • For auctions, unless a Seller specifies a ‘reserve price’ all auction items are ‘without reserve’ i.e., the Seller must sell the auctioned item to the highest bidder that meets or exceeds the minimum price. If a Seller sets an undisclosed ‘reserve price’, the Seller is not obligated to sell unless the reserve price is met or exceeded. Once the auction closes, the Seller is obligated to complete the transaction.
  1. Your Obligation. By entering into these Terms and Conditions and posting a listing for auction or fixed price sale, you agree to complete the transaction as described by these Terms and Conditions. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
  2. Taxes. You agree that it is the Seller’s and the Buyer’s responsibility to determine whether value added or digital service taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that Mambo Online is not obligated to determine whether value added or digital service taxes apply and is not responsible to collect, report, or remit any sales or use taxes arising from any transaction, except to the extent that Mambo Online is required to do so under Applicable Law.
  3. Password Security. Your password may be used only to access the Platform, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Platform. If your password is compromised, you must change your password.
  4. Illegal Activity.
  • Compliance with Laws; Fraud. The Platform and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant’s password(s). Fraudulent conduct may be reported to law enforcement, and Mambo Online will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
  • Investigation. Mambo Online has the right, but not the obligation, to monitor any activity and content associated with this Platform. Mambo Online may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Platform, including listings and bids. Mambo Online reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
  • Disclosure of Information. Mambo Online also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Mambo Online’s systems and customers, or to ensure the integrity and operation of Mambo Online’s business and systems, Mambo Online may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
  1. Read our Privacy and Data Protection Policy. The Privacy and Data Protection Policy may be changed by us in the future. You should check the Privacy and Data Protection Policy frequently for changes. Unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Platform or disclosed to you by Mambo Online, except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.
  2. No Warranties. The Platform and the services are provided on an “as is” basis. Mambo Online makes no other representations or warranties of any kind, express or implied, including without limitation:
  • The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
  • That the Platform or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
  • The information, content, materials, or products included on the Platform will be as represented by sellers, available for sale at the time of auction or fixed price sale, lawful to sell, or that sellers or buyers will perform as promised;
  • Any implied warranty arising from course of dealing or usage of trade; and
  • Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Mambo Online. 

To the full extent permissible under applicable law, Mambo Online disclaims any and all such warranties.

  1. General Release. Because Mambo Online is not involved in transactions between Buyers and Sellers or other participant dealings, if a dispute arises between one or more participants, each of you release Mambo Online (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  2. Limitation of Liability. Mambo Online will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with these Terms and Conditions, the Platform, the Services, the inability to use the Services, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Services.
  3. Applicable Law. The Platform and the Services are arranged, sponsored, or managed by Mambo Online in Kenya. The laws of Kenya govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Nairobi, Kenya, except that, to the extent you have in any manner violated or threatened to violate Mambo Online’s intellectual property rights, Mambo Online may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. 
  4. Dispute Resolution. An aggrieved Party shall notify the other Party in writing of the nature of any dispute with as much detail as possible about the deficient performance or otherwise of the other Party. Mambo Online’s Customer Care Representatives shall meet with the Seller or his/her/its representative (in person or by telephone) within seven (7) calendar days (or other mutually agreed upon date) after the date of the written notification to reach an agreement about the nature of the deficiency and the corrective action to be taken by the respective Parties. If the respective Parties do not meet or are unable to agree on corrective action, a senior manager of Mambo Online, having authority to resolve the dispute without the further consent of any other person (‘Management’) shall meet with the Seller or his/her/its representative or otherwise act to facilitate an agreement within fourteen (14) calendar days (or other mutually agreed upon date) of the date of the written notification. If Management and the Seller or his/her/its representative do not meet or cannot resolve the dispute or agree upon a written plan of corrective action to do so within seven (7) calendar days (or other mutually agreed upon date) after their initial meeting or other action, or if the agreed-upon completion dates in the written plan of corrective action are exceeded, either Party may request arbitration as provided for in this Agreement. Except as otherwise specifically provided, neither Party shall initiate arbitration or litigation unless and until this dispute resolution procedure has been substantially compiled with or waived. Failure of a Party to fulfill its obligations in this Section, including failure to meet timely upon the other Party’s notice, shall be deemed such a waiver. Arbitration under this agreement shall be conducted under the rules of arbitration (‘Rules’) then prevailing of the International Chamber of Commerce (‘ICC’) by a single arbitrator jointly chosen by the Parties or if the Parties are unable to choose an arbitrator, by the Chairman at the time being of the Chartered Institute of Arbitrators, Kenya Chapter. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
  5. Disputes between Sellers and Buyers. Because Mambo Online is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose, Mambo Online will not be involved in resolving any disputes between participants related to or arising out of any transaction. Mambo Online urges Sellers and Buyers to cooperate with each other to resolve such disputes.
  6. Your Grant. By entering into these Terms and Conditions and listing an item, you grant Mambo Online and its affiliates a nonexclusive, worldwide, royalty-free, irrevocable right to exercise all copyright, trademark rights, and rights of publicity over the material displayed in your listings (including storefronts) in any existing or future media, known or unknown, now or at any later date. This grant shall be limited to Mambo Online’s and its affiliates’ use of your materials in connection with the Platform and the Services, which may include advertising and promotion for the Platform and the Services. You represent and warrant that you own or otherwise control all of the rights to the materials displayed in your listings (including storefronts), and that the use of such materials by Mambo Online and its affiliates will not infringe upon or violate the rights of any third party.
  7. Termination. Mambo Online, in its sole discretion, may terminate these Terms and Conditions, access to the Platform or the Services, or any current auctions or fixed price sales immediately without notice for any reason. Similarly, Seller, in its sole discretion may terminate these Terms and Conditions by giving a 14 days’ notice to Mambo Online. Upon termination Mambo Online agrees to pay Seller all undisputed amounts owed to the Seller up to the date of termination pursuant to these Terms and Conditions.
  8. General Provisions.
  • Entire Agreement. These Terms and Conditions and the general terms and conditions of the Platform, including but not limited to the Privacy and Data Protection Policy, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
  • No Agency; Third-Party Beneficiary. Mambo Online is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from these Terms and Conditions is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms and Conditions. These Terms and Conditions and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Mambo Online, you, and relying Buyers or Sellers.
  • Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  • No Waiver. We will not be considered to have waived any of our rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Mambo Online’s failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Mambo Online’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
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