Version 1.0 as at 5 October 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 buy items must accept these terms and conditions (‘Terms and Conditions’) without change.
The Platform provides a marketplace where You can connect with Sellers to purchase items and more efficiently complete online transactions.
This agreement governs Your use of the Services and any transactions with Sellers that you first connect with via the Platform. You conclude this agreement with Us when you expressly accept this agreement by clicking a box indicating your acceptance. You incur the rights and obligations of a buyer when We generate user login credentials for You. The “effective date” of this agreement is the date that you accept these Terms and Conditions, subscribe to use the Platform and are issued with a User Account.
This Agreement is between You and Mambo Online (each, a ‘Party’ collectively, the ‘Parties’) and constitutes the entire understanding related to the subject matter. Mambo Online reserves the right, at any time and at Our sole discretion, to update, revise, supplement, and otherwise modify this Agreement or the Services, and to impose new or additional rules, policies, terms, or conditions on Your use of the Services. Before We make material changes to these Terms and Conditions, Mambo Online will provide prior written notice to You via your registered and operative email address. Continued use of the Platform after any such changes shall constitute Your consent to such changes.
- Roles and Responsibilities
- Mambo Online’s Role. We provide Buyers and Sellers with access to the Services. Buyers and Sellers transact directly with each other by accessing and using the Platform. Mambo Online does not accept any responsibility for the composition of Products or for the legal and compliance obligations of Buyers or Sellers related to Products that are sold and procured by Sellers and Buyers, respectively, when accessing and using the Platform. If Buyers fail or Sellers fail to honor their contractual and legal obligations, Mambo Online may assert its own rights against the party in breach. We will also make good faith attempts to resolve any disputes between a Buyer and a Seller, but Mambo Online does not accept responsibility or liability for Buyers’ or Sellers’ obligations or liability to one another.
- Buyer’s Obligations to Mambo Online. As a Buyer, You must comply with all Applicable Laws and terms of this Agreement.
- Buyer’s Obligations to Sellers. In order to buy items on mamboonline.co.ke you must register with Mambo Online and use the mamboonline.com payment service (‘Payment Service’). You must pay the price displayed by each participating Seller for a given product (‘Product Costs’) and any transaction fees, commissions, processing charges, and any other fees and billing terms specified on the Order Form (‘Buyer Charges’) due to the Seller and/or Mambo Online, through the Payment Service.
- Conduct. Mambo Online and Buyers are independent persons (natural or legal), but the business practices and actions of Buyers and Sellers may significantly impact or reflect upon Mambo Online’s reputation and its brands. Accordingly, Mambo Online requires all Buyers to adhere to these Terms and Conditions while conducting business on the Platform. You shall ensure that You understand and comply with these Terms and Conditions through education, training, and awareness.
- Availability of Services. We will: (i) allow You access to the Services pursuant to these Terms and Conditions once You have registered and provided all the relevant subscription details; (ii) make technical support available to You through Our end user support team, at no additional charge; and (iii) use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, except for: (a) downtime for Scheduled Maintenance or emergency maintenance; and (b) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, hurricane, civil unrest, act of terror, strike or other labor problem, or internet service provider failure or delay.
- Scheduled Maintenance and Emergency Maintenance. Mambo Online will provide You with reasonable advance written notice through Your operative email of any scheduled maintenance, including the time and the length of the scheduled maintenance period (‘Scheduled Maintenance’). If Mambo Online deems it necessary to perform emergency maintenance (‘Emergency Maintenance’) on the Platform (meaning any downtime that is not Scheduled Maintenance), Mambo Online will use commercially reasonable efforts to provide You with reasonable notice via Your operative email.
- Security Measures. In order to protect the integrity and quality of Products sold on the Platform, Mambo Online may, without liability, suspend or terminate any or all access to the Services by revoking Your Mambo Online access: (i) following a possible or actual security breach or cyber-attack on the Platform; (ii) in order to protect Mambo Online’s network; (iii) if required by a governmental entity or law enforcement agency; (iv) if You are causing technical or other problems to the network; (v) upon the termination or expiration of a Your subscription; or (vi) as otherwise allowed under these Terms and Conditions.
- Applicable Policies and Guidelines.
You agree to abide by the procedures and guidelines contained in [INSERT LINK] for buying Products, which are incorporated by reference into, and made part of, these Terms and Conditions. The procedures and guidelines contained in [INSERT LINK] explain the processes and set out acceptable conduct and prohibited practices/products.
- Buyer Invoicing and Payment
- Access to the Platform. You will be granted access to the Platform as a Buyer following Your subscription and creation of an e-wallet.
- Product Costs and Buyer Charges for E-Commerce Activity. Using the Platform, Buyers establish and agree to the pricing displayed for the Product by each Seller participating in the marketplace, which pricing becomes the Product Costs. In addition to the Product Costs You pay to the Sellers, You will be charged certain Buyer Charges including but not limited to shipment costs and any applicable taxes.
- Invoicing and Payment. Mambo Online will immediately invoice You for: (i) the Product Costs, and (ii) the Buyer Charges. After issuance of the invoice, You shall pay for all Product Costs and Buyer Charges using the Payment Service.
- Invoice Disputes. If You believe any invoice issued from Us is incorrect, You must contact Mambo Online in writing via our designated customer care email address or our designated telephone number, that is, 0110007000 prior to making a payment, setting forth the nature and amount of the requested correction.
- Mode of Payment. You may pay for the Products through any of the various payment options available. In order to pay with a credit card, You must provide the card details through the Platform as a payment method associated with Your User Account. Mambo Online does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on behalf of Mambo Online. Payments made via mobile money or credit card may incur additional charges If payment for the Services cannot, for any reason, be taken from You, Your User Account shall be temporarily blocked until the situation has been rectified and the debt has been settled.
- Chargeback or Billing Disputes. In order to provide You with greater support, Mambo Online shall accept liability for payments made on the Platform. Such liability includes offering credits on Your e-wallet or issuance of vouchers. We encourage You to contact Mambo Online in writing via our designated customer care email address or call our designated telephone number, that is, 0110007000 to discuss any chargeback, billing or reconciliation disputes, noting, this is without prejudice to the fact that Mambo Online is not an agent for any Seller, except where Mambo Online is a Seller, in itself.
- Access to and Use of Services
- Use of Services. Subject to Your compliance with these Terms and Conditions, You may access and use the Platform solely for Your personal use. We reserve the right to immediately terminate Your access to the Platform if We become aware You are in breach of any obligations under these Terms and Conditions.
- Your Responsibilities. You will be responsible for: (i) using reasonable efforts to prevent unauthorized access to or use of the Platform, and notifying Us of any unauthorized access or use; (ii) ensuring that You are accessing and using the Platform only in accordance with these Terms and Conditions; (iii) ensuring compliance with Applicable Laws related to concluding transactions (‘Transactions’). You are responsible for all activity conducted under Your User Account and shall abide by all Applicable Laws in connection with Your use of the Platform, including those related to age restrictions.
- Non-Circumvention. You shall not make any attempt to circumvent the intent or purpose of Platform by avoiding the payment of, or otherwise reducing, all or any portion of the payments, fees and charges payable to a Seller or Mambo Online (whether by simulation, side agreement, or understating). In addition, and for clarity, Buyers are prohibited from trying to circumvent use of the Platform with Sellers.
- Prohibited Uses. Your use of the Services shall not include the uses restricted as detailed in [INSERT LINK]. You shall not and shall not permit any third party to: (i) copy, translate, create derivative works of, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code or modify the Platform in any manner or form, (ii) “frame” or “mirror” the Platform on any other server or wireless or Internet-based device, (iii) access, penetrate, probe or scan the Platform for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes, (iv) use the Platform to conclude fraudulent or otherwise illegal transactions; or (vi) use the Platform for the purpose of building a similar or competitive product or service. You shall not and shall not permit any third party under your control to use the Platform: (a) in violation of, or which would cause another person to be in violation of Applicable Laws; (b) to publish, post, upload, send, store or otherwise transmit material that is unlawful, harassing, libelous, defamatory, threatening or otherwise in violation of any third party rights of privacy or other intellectual property rights; (c) to publish, post, upload, or otherwise transmit material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs that are intended to interfere with or otherwise disrupt the integrity or performance of the Platform contained therein; or (d) in an attempt to gain unauthorized access to Platform or its related systems or networks.