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Mosmos Terms and Conditions


WELCOME TO MOSMOS

By using the services offered by Mosmos, accessible from mosmos.co.ke or other associated platforms, you are agreeing to be bound by these Terms and Conditions. You agree that you are responsible for the agreement with any applicable Kenyan laws. If you disagree with any of these terms, you are advised against using this site.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our Terms and Conditions.

1.0 User Accounts

  1. To access certain Site features, you may be required to create an account. You agree to provide accurate and complete information when creating an account and to promptly update your information as necessary.
  2. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.
  3. For the avoidance of doubt, Mosmos will not be held liable for any harm suffered by a customer or third party as a result of your negligence in maintaining the confidentiality of their account username and password.

2.0 Product Information and Pricing

  1. We make every effort to ensure that the information provided on the Site is accurate and up to date. However, we cannot guarantee the accuracy or completeness of any information on the Site, including product descriptions, pricing, and availability.

  2. We reserve the right to correct any errors or omissions on the Site and to modify, update, or discontinue any products or services at any time without prior notice.

3.0 Ordering and Payment

  1. An order is created immediately upon making a booking for any of the products offered on the platform.
  2. You are only allowed to place one order at a time. Generally, you have to completely pay for the item you ordered first before you can be allowed to book for another item.
  3. You are allowed to transfer your order from one product to another.
  4. The minimum amount allowed for any order is KSh.500 and the rest of the payment shall be done in installments of your choice for a duration of your choice.
  5. There are no limitations to how many installments you can make until you fully pay for your order.
  6. The total cost charged includes the delivery cost to your preferred location.
  7. We offer a 90 days payment period, after which, upon completion of payment, we shall deliver to your delivery address through third-party delivery partners. By any chance your delivery location has changed, we can make arrangements for the change, however, any additional cost of delivery will be charged.
  8. Within 90 days, your item will be reserved for you, you can extend past 90 days, but your item can be booked by someone else and delivery will depend on the availability of the item.
  9. By placing an order on the Site, you agree to pay the full amount of the order, including any applicable taxes and shipping fees.

4.0 Shipping and Delivery

  1. We make every effort to process and ship orders promptly, and we provide estimated delivery times on the Site. However, we cannot guarantee the accuracy of these estimates or be held responsible for any delays caused by shipping carriers or other factors beyond our control.

  2. We also reserve the right to cancel any order that cannot be fulfilled for any reason, and we will provide a full refund in such cases.

5.0 Cancellation and Refunds

  1. We offer a 7-day return policy on most products, provided they are in their original condition and packaging. If you wish to return a product, you must first contact us to obtain a return authorization.
  2. We reserve the right to reject any return that does not meet our return policy guidelines or to charge a restocking fee in some cases.
  3. For the avoidance of doubt, returns will only be accepted if it is wrong delivery or if the delivery suffers transit damage. Returns can also be considered when it is a claim under the warranty or if the product is not of merchantable quality.
  4. We will refund your original payment form once the returned product has been received and inspected.
  5. In case you want to cancel your initial order, you may choose to redeem the saved amount to another product. This action will create a new order.
  6. In case you would like to fully cancel your order, Mosmos charges a 3% cancellation fee on the initial value of the item. Your refund net of cancellation fee, will be accessible on your Mosmos wallet, or can be sent to your mobile money wallet upon request.

6.0 Intellectual Property

  1. All content on the Site, including text, graphics, logos, and images, is the property of Mosmos or its licensors and is protected by trademark, copyright and other intellectual property laws.

  2. You may not reproduce, distribute, modify, or otherwise use any content on the Site without our prior written consent.

7.0 Limitation of Liability

  1. In no event shall Mosmos be liable for any damages, including direct or indirect, special, incidental, or consequential damages, arising out of or in connection with your use of the Site or any products or services purchased through the Site.

  2. This limitation of liability applies even if we have been advised of the possibility of such damages.

8.0 Indemnification

  1. You agree to indemnify and hold harmless Mosmos and its officers, directors, employees, and agents from any claims, damages, or other expenses arising out of or in connection with your use of the Site or any violation of these Terms and Conditions.

9.0 Dispute Resolution

  1. In the case that a Dispute arises over the whole or any part of this agreement, you agree that the Dispute shall at first be solved through Negotiation.
  2. If Negotiation fails, you agree that the Dispute shall be referred to Mediation by a jointly agreed Mediator. The Parties further agree that they shall aim to keep the costs of the Mediation to the minimum.
  3. If Mediation fails, the parties agree to refer the Dispute to Arbitration by a jointly agreed Arbitrator or if the Parties fail to agree on an Arbitrator, the Arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators.
  4. None of these provisions precludes a party from the right to seek recourse through the Court Process.

10.0 Data Privacy

  1. You agree to the processing of your data per the terms of Mosmos’ Privacy Policy.
  2. Mosmos shall process all personal data obtained through the marketplace and related services per the terms of our Privacy Policy.
  3. Sellers shall be directly responsible to buyers for any misuse of their personal data and Mosmos shall bear no liability to buyers in respect of any misuse by sellers of their data.

11.0 Mosmos’ role as a Marketplace

You acknowledge that:

  1. Mosmos facilitates a marketplace for buyers and third-party sellers or Mosmos, where Mosmos is the seller of a product;
  2. The relevant seller of the product (whether Mosmos is the seller or whether it is a third party seller) shall at all times remain exclusively liable for the products they sell on the marketplace; and
  3. If there is an issue arising from the purchase of a product on the marketplace, the buyer should seek recourse from the relevant seller of the product by following the process set out in Mosmos’s Dispute Resolution Policy.
  4. We commit to ensuring that Mosmos, or third-party sellers, as applicable, submit information relating to their products on the marketplace that is complete, accurate and up to date and pursuant thereto:
  5. The relevant seller warrants and represents the completeness and accuracy of the information published on our marketplace relating to their products;
  6. The relevant seller warrants and represents that the material on the marketplace is up to date; and
  7. If a buyer has a complaint relating to the accuracy or completeness of the product information received from a seller (including where Mosmos is the seller), the buyer can seek recourse from the relevant seller by following the process set out in Mosmos’s Dispute Resolution Policy.
  8. Mosmos does not warrant or represent that the marketplace will operate without fault; or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond Mosmos’s control (force majeure events) which include but are not limited to; flood, drought, earthquake or other natural disasters; hacking, viruses, malware or other malicious software attacks on the marketplace; terrorist attacks, civil war, civil commotion or riots; war, the threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.
  9. Mosmos reserves 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. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of Mosmos.
  10. If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure, we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of Mosmos.
  11. We do not guarantee any commercial results concerning the use of the marketplace.
  12. To the maximum extent permitted by applicable law, 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.

12.0 Goal Savings

  1. You have an option of adopting goal-based savings alone or together with others to purchase a product on Mosmos.
  2. You also have the option of getting into fixed-term goal savings.
  3. If you cancel your savings goals before the set time, you will receive the principal amount minus any accrued interest.
  4. Withdrawals can be made instantly to your Mpesa mobile wallet.
  5. Any withdrawal from the goal savings shall be effected after the 48-hour waiting period.
  6. Any withdrawal shall attract a charge of KES.30.
  7. You can redeem your savings to your Mosmos Wallet and purchase a product at a discount of 5%.

13.0 Management of Savings

  1. The funds in the fixed-term savings will be invested by an approved Fund Manager.

14.0 Redeem Options

  1. You have the option to transfer your savings to your Mosmos wallet and to purchase a product from the marketplace.
  2. You also have an option of withdrawing your money directly to your phone number.
  3. You also have the option to pay a bill directly from Mosmos.

15.0 Governing Law

  1. These Terms and Conditions shall be governed by and construed per the laws of Kenya, without giving effect to any principles of conflicts of law.