Terms and Conditions

1. Introduction

Welcome to CitySoko, an online marketplace platform specializing in fresh food products including meat, meat products, and seafood. These Terms and Conditions ("Terms") govern your use of our platform and services.

By accessing or using CitySoko, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree with these Terms, please do not use our platform.

2. Definitions

For the purposes of these Terms:

• "Platform" refers to the CitySoko website, mobile applications, and all related services
• "We," "Us," "Our" refers to CitySoko
• "User," "You," "Your" refers to any person using the Platform, whether as a buyer or vendor
• "Buyer" refers to users who purchase products through the Platform
• "Vendor" refers to registered businesses that list and sell products on the Platform
• "Products" refers to meat, meat products, and seafood (including live seafood) listed on the Platform
• "Order" refers to a purchase transaction made through the Platform

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to use the Platform. By using CitySoko, you represent and warrant that you are 18 years or older.

3.2 Account Security and Verification

To make purchases or become a vendor, you must create an account. You are solely responsible for:

• Providing accurate, current, and complete information
• Maintaining and promptly updating your account information
• Keeping your password secure and confidential
• All activities that occur under your account

Duty to Notify: You must immediately contact support@citysoko.com if:

• Your account credentials are stolen or compromised
• Your payment card used on our platform is stolen
• You notice unauthorized charges on your account
• You suspect unauthorized access to your account

3.3 Geographic Restriction

CitySoko operates exclusively within Kenya. Our services are only available to users located in Kenya, and we only deliver to Kenyan addresses.

4. Vendor Registration and Requirements

4.1 Vendor Eligibility

To become a vendor on CitySoko, you must:

• Operate a duly registered business under Kenyan law
• Hold a valid business permit
• Possess a valid food hygiene license
• Maintain a valid tax compliance certificate from the Kenya Revenue Authority (KRA)
• Complete our vendor verification process
• Successfully complete vendor onboarding training

4.2 Vendor Verification Process

All prospective vendors must undergo a comprehensive verification process that includes:

• Verification of all required business documents and licenses
• Physical inspection of business premises
• Assessment of food safety and hygiene standards
• Completion of mandatory vendor onboarding training
• Agreement to our vendor terms and commission structure

4.3 Vendor Obligations

As a vendor, you agree to:

• Maintain all required licenses and permits in good standing
• Comply with all Kenyan food safety and hygiene regulations
• Provide accurate product descriptions, images, and pricing
• Ensure product quality and freshness at all times
• Honor all confirmed orders promptly
• Cooperate with CitySoko's quality control measures
• Handle returns and refunds in accordance with these Terms
• Notify CitySoko immediately of any food safety concerns or incidents

4.4 Prohibited Products

Only the following product categories are permitted on CitySoko:

• Meat and meat products
• Seafood (including live seafood)

Strictly prohibited items include:

• Human body parts, blood, or tissue samples
• Weapons, explosives, ammunition, or military equipment
• Drugs, narcotics, or prescription medications
• Hacking devices or tools designed for illegal activities
• Counterfeit or pirated goods
• Endangered species or ivory products
• Alcohol or tobacco products
• Pharmaceuticals or regulated medical devices
• Any items prohibited under Kenyan law
• Any items not expressly listed as acceptable (meat and seafood)

Attempts to use our Platform for prohibited items will result in immediate account termination and reporting to law enforcement.

5. Product Listings and Pricing

5.1 Vendor Pricing

Vendors may set their own prices for products. All prices must be displayed in Kenyan Shillings (KES) and include all applicable taxes.

5.2 Platform Fees and Commissions

CitySoko does not charge platform listing fees. Commission rates are individually agreed upon with each vendor during the onboarding process. Vendors will be notified in writing of their specific commission structure.

5.3 Product Accuracy

Vendors are responsible for ensuring that all product descriptions, images, weights, and specifications are accurate and up-to-date. Misleading or false information may result in listing removal and account suspension.

5.4 Price Variation for Fresh Food Products

By placing an order, you authorize CitySoko to charge your payment method for the actual final price. If the price variation exceeds 10%, we will contact you for approval before processing the charge.

5.5 Small Order Fee

Orders below KES 500 may be subject to a small order surcharge to cover delivery and handling costs. This fee will be clearly displayed at checkout before you confirm your order.

5.6 Product Ranking and Visibility

Product search results and rankings on our Platform are determined by various factors including: product popularity, vendor rating, delivery location, availability, and in some cases, commercial agreements with vendors.

Vendors may pay for enhanced visibility or promoted placement. Promoted products will be clearly labeled as "Sponsored" or "Featured."

6. Orders and Payment Processing

6.1 Order Placement

When you place an order through CitySoko:

• You make an offer to purchase products at the listed price
• Your order is confirmed when you receive an order confirmation notification
• A binding contract is formed between you and the vendor upon order confirmation
• You authorize CitySoko to process payment on behalf of the vendor

6.2 Payment Processing and Agency

CitySoko processes all payments through authorized payment service providers, including:

• M-Pesa and other mobile money platforms
• Credit and debit card processors
• Other approved payment methods

By placing an order, you:

• Authorize CitySoko to process payment on behalf of the vendor
• Appoint CitySoko as your agent for payment collection and disbursement
• Agree that payment to CitySoko constitutes payment to the vendor
• Acknowledge that vendors will be paid directly by CitySoko after successful delivery

Once you have paid for an order, your payment obligation to the vendor is satisfied, regardless of any dispute between CitySoko and the vendor. Payment must be received in full before order fulfillment begins. We do not store your complete payment card details on our servers.

6.3 Pricing and Availability

We strive to ensure pricing accuracy, but errors may occur. If we discover a pricing error after you place an order, we will notify you and give you the option to either:

• Proceed with the order at the correct price, or
• Cancel the order and receive a full refund

7. Delivery and Shipping

7.1 Delivery Arrangements

CitySoko arranges and manages all shipping and delivery services. We partner with qualified logistics providers to ensure safe and timely delivery of fresh food products.

7.2 Delivery Timeframe

• Vendor preparation time
• Delivery location and distance
• Traffic conditions and weather
• Peak demand periods
• Force majeure events

While we make every effort to meet our delivery target, CitySoko is not liable for delays caused by factors beyond our reasonable control.

7.3 Delivery Address

You must provide a complete and accurate delivery address within Kenya. CitySoko is not responsible for delays or failed deliveries due to incorrect address information.

7.4 Acceptance of Delivery

Upon delivery, you must:

• Inspect all products for visible defects, damage, or incorrect items while the courier is present
• Verify that the order is complete and matches your order confirmation
• Immediately report any visible defects, damage, or incorrect items to the delivery personnel
• Take photos of any issues while the courier is still present
• Sign for delivery only after inspection is complete

Important: Claims for damage or defects reported AFTER the courier has left may not be accepted unless you can demonstrate the issue was not visible at the time of delivery. Your 30-minute return window begins from the moment you sign for delivery.

7.5 Shipping Disputes

CitySoko handles all shipping-related disputes, including lost packages, delayed deliveries, or damaged goods during transit. Contact our customer support immediately if you experience any delivery issues.

8. Returns, Refunds, and Product Quality

8.1 Vendor Responsibility

8.2 Return Window

Due to the perishable nature of our products, returns must be requested within 30 minutes of delivery. Returns will only be accepted for:

• Defective or spoiled products
• Products that do not match the description
• Incorrect items delivered
• Damaged products received

8.3 Return Process

To initiate a return:

1. Contact CitySoko customer support within 30 minutes of delivery
2. Provide your order number and reason for return
3. Provide photographic evidence of the defect or issue if requested
4. Await confirmation and return instructions from our support team
5. Return arrangements will be coordinated by CitySoko and the vendor

8.4 Refund Processing and Method

Upon receipt of returned goods by the vendor:

• The vendor will inspect the returned items
• If the return is valid, a refund will be processed within 72 hours
• Refunds will be issued to your original payment method
• You will receive confirmation once the refund has been processed

In exceptional circumstances, with your consent, refunds may be provided as store credit or voucher instead of refund to original payment method.

8.5 Non-Returnable Items

Returns will not be accepted for:

• Products returned after the 30-minute window
• Products that have been opened, consumed, or tampered with (unless defective)
• Products damaged due to buyer negligence
• Change of mind or buyer's remorse

9. Intellectual Property Rights

9.1 Platform Ownership

All content, features, and functionality on the CitySoko platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of CitySoko and are protected by Kenyan and international copyright, trademark, and other intellectual property laws.

9.2 Vendor Content License

By uploading product listings, images, descriptions, or any other content to the Platform, vendors grant CitySoko:

• A perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content
• The right to use vendor content for marketing, promotional, and operational purposes
• Full ownership of all derivative works created from vendor content

9.3 Content Surrender

9.4 User Restrictions

You may not:

• Copy, reproduce, or redistribute Platform content without our written permission
• Use our trademarks, logos, or branding without authorization
• Reverse engineer or attempt to extract source code from the Platform
• Create derivative works based on Platform content
• Use automated systems or bots to access the Platform

10. User Conduct and Prohibited Activities

10.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any Kenyan laws or regulations
• Engage in fraudulent activities or misrepresentation
• Interfere with or disrupt the Platform's operation
• Attempt to gain unauthorized access to other user accounts
• Transmit viruses, malware, or harmful code
• Harass, abuse, or harm other users or vendors
• Post false, misleading, or defamatory content
• Manipulate prices, reviews, or ratings

10.2 Vendor-Specific Prohibitions

Vendors must not:

• Sell expired, contaminated, or unsafe food products
• Violate food safety or hygiene regulations
• Misrepresent product quality, origin, or specifications
• Discriminate against buyers based on protected characteristics
• Engage in price fixing or anti-competitive practices
• Contact buyers outside the Platform without authorization

11. Dispute Resolution

11.1 CitySoko Mediation

CitySoko will mediate any disputes that arise between buyers and vendors. We are committed to fair and timely resolution of all conflicts.

11.2 Dispute Process

1. Initial Contact: Contact CitySoko customer support to report the dispute
2. Investigation: Our team will investigate and gather information from both parties
3. Mediation: We will attempt to facilitate a mutually acceptable resolution
4. Third-Party Mediation: If necessary, CitySoko may appoint an independent third-party mediator
5. Escalation: If resolution cannot be reached, the matter may be escalated to law enforcement or Kenyan courts

11.3 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any legal proceedings arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

11.4 Online Dispute Resolution

For buyer-vendor disputes, CitySoko provides an internal dispute resolution service accessible through your account dashboard. You can submit complaints, upload evidence, and track resolution progress online.

12. Account Suspension and Termination

12.1 CitySoko's Right to Suspend or Terminate

We reserve the right to suspend or terminate any user account, including vendor accounts, at our sole discretion for:

• Violation of these Terms and Conditions
• Violation of Kenyan laws or regulations
• Fraudulent activities or theft
• Violation of food safety, health codes, or quality standards
• Repeated customer complaints or poor performance
• Any other reason deemed necessary at CitySoko's discretion

12.2 Types of Enforcement Actions

12.3 Consequences of Termination

Upon account termination:

• You will lose access to your account and all associated data
• Pending orders may be canceled
• Vendor payment settlements may be withheld pending investigation
• All intellectual property rights in uploaded content remain with CitySoko
• Legal action may be pursued for fraudulent or criminal activities

12.4 User-Initiated Termination

You may request account closure at any time by contacting customer support. Please note that intellectual property rights in content you uploaded will remain with CitySoko even after account closure.

13. Limitation of Liability and Disclaimers

13.1 Platform "As Is"

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

13.2 No Guarantee of Product Quality

13.3 Limitation of Liability

To the maximum extent permitted by Kenyan law, CitySoko shall not be liable for:

• Foodborne illnesses or health issues arising from products purchased on the Platform
• Defective, spoiled, or contaminated products supplied by vendors
• Losses arising from vendor fraud or misconduct
• Delays in delivery caused by factors beyond our control
• Loss of data or unauthorized access to your account
• Indirect, incidental, consequential, or punitive damages
• Any damages exceeding the amount you paid for the applicable order

13.4 Indemnification

You agree to indemnify and hold harmless CitySoko, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use of the Platform
• Content you upload to the Platform (for vendors)
• Products you sell through the Platform (for vendors)

14. Data Protection and Privacy

Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in compliance with the Kenya Data Protection Act, 2019 and GDPR.

By using CitySoko, you consent to our data processing practices as described in the Privacy Policy.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make significant changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify users via email or prominent notice on the Platform
• Provide vendors with at least 30 days' notice for material changes affecting their business

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform.

16. Third-Party Service Providers

CitySoko uses third-party service providers for payment processing, delivery, and other services. These providers are independent contractors, not employees or agents of CitySoko. We are not responsible for their actions or failures except as expressly stated in these Terms.

CitySoko makes no representations or warranties about any third-party service providers and disclaims all liability for their performance or non-performance.

17. Platform Availability and Service Suspension

17.1 Service Availability

We strive to maintain continuous service availability. However, we reserve the right to suspend or limit access to the Platform for:

• Scheduled maintenance (with advance notice when possible)
• Emergency security updates
• Technical issues or system failures
• Legal compliance or safety concerns
• Prevention of fraud or abuse

17.2 No Liability for Downtime

CitySoko is not liable for any losses, damages, or inconvenience resulting from service interruptions, whether planned or unplanned. We will make reasonable efforts to notify users of scheduled maintenance in advance.

18. Promotional Items and Samples

CitySoko or vendors may occasionally include free samples, promotional items, or branded materials with your order at no additional charge. Acceptance of these items is optional and does not create any obligation.

We reserve the right to add promotional materials to orders for marketing purposes. If you do not wish to receive promotional items, please contact customer support.

19. Force Majeure

CitySoko shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, civil unrest, or government actions
• Labor strikes or disputes
• Telecommunications or internet failures
• Pandemics or public health emergencies
• Power outages or equipment failures

20. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid under Kenyan law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

21. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and CitySoko regarding your use of the Platform and supersede all prior agreements and understandings.

22. Contact Us

If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us: